These Transport Document Printing Facility terms (“Terms”) set out the terms on which Maersk Line A/S trading as Safmarine (“Safmarine”) will provide electronic document printing facilities.
1. Use of the Document Printing Facility
Use of the Document Printing Facility
1.1 The Safmarine Electronic Document Printing Facility is a Protected Service, and the terms below are a set of Special Terms, as defined by the Safmarine Web User Terms which are available at http://terms.safmarine.com/webuser. The Web User Terms are hereby expressly incorporated in to these Terms by reference and these Terms should be read in conjunction with the Web User Terms.
1.2 Safmarine will use reasonable efforts to make available to the Registered User, at www.safmarine.com , by email or otherwise in electronic form, data for printing waybills and / or bills of lading at the Registered User’s printer (‘Document Printing Facility’) in accordance with the procedures from time to time in use by Safmarine. Safmarine is entitled at its discretion to terminate or suspend the Safmarine Electronic Document Printing Facility to any or all Registered Users at any time.
2.1 When electronic data is made available to print a waybill or bill of lading, Safmarine will notify the Individual User who at that time is shown in Safmarine’s records as being entitled to print it. The Registered User shall ensure that:
2.1.1 the electronic data provided by Safmarine is not altered or used except as provided for in these Terms.
2.1.2 it is printed at the Registered User’s printer as soon as reasonably practicable:
(a) in the case of a waybill, onto a blank Safmarine waybill form or good quality plain white paper;
(b) in the case of a bill of lading:
- using only the print functionality of IRM Client for Adobe Reader software, unless Safmarine has first agreed expressly and in writing that the IRM Client for Adobe Reader is not required; and
- onto a blank Safmarine bill of lading form.
Delay in printing may prejudice Safmarine’s position in relation to third parties.
2.1.3 any waybill or bill of lading once printed:
(i) is legible, showing the complete contents of the document without distortion or addition in correctly centred portrait orientation, and is appropriately aligned and set out for the relevant paper size;
(ii) accurately and fully reflects the relevant waybill or bill of lading appearing in electronic form at www.safmarine.com.
2.2 If any document which is printed (whether or not in full) pursuant to the Document Facility does not comply with any part of clause 2.1.3 above, or if any electronic data is made available to the Registered User in error, the Registered User shall immediately contact Safmarine and comply with Safmarine’s instructions in relation thereto. If there is any inconsistency between a waybill or bill of lading that is printed and the one appearing in electronic form at www.safmarine.com, the latter shall prevail.
2.3 If Safmarine provides blank bill of lading forms, the Registered User shall ensure that:
2.3.1 Individual Users only print onto such forms electronic data which they have received at www.safmarine.com and which they are authorised by the procedures from time to time in use by Safmarine to print;
2.3.2 the number of attempts to print an original does not exceed the number of originals shown on the face of the bill as having been issued. If for technical reasons (for example, difficulties in printing) more attempts to print are required, the express prior written authority of Safmarine must be obtained. This will be at Safmarine’s absolute discretion, which in any event will be conditional on (i) Safmarine receiving a letter of indemnity in the form required by Safmarine, signed by the Registered User and (ii) any paper document which is to be replaced pursuant to such authority having first been destroyed.
3. Use of Electronic Data
3.1 Safmarine provides Electronic Document Printing Facilities for the sole use of the Registered User and Individual User(s) to whom it is made available. Any other use of electronic data provided via its Electronic Document Printing Facilities including copying and forwarding, whether or not permitted by these Terms and / or the procedures from time to time in use by Safmarine, is at the Registered User's sole risk and responsibility.
3.2 If requested by the Registered User, Safmarine may at its sole discretion agree to make available to another registered user ("the Nominee") some or all of the data which it provides via its Electronic Document Printing Facilities. This will be at the Registered User's sole risk and responsibility, and any blank waybill or bill of lading forms required by the Nominee should be obtained from Safmarine direct, not by the Registered User.
3.3 The Registered User shall indemnify and hold harmless Safmarine and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or liabilities whatsoever (including damages or compensation paid by them to compromise or settle a claim) and all legal costs or other expenses, suffered by them as a result of:
(i) the Registered User and / or an Individual User making available to another person any electronic data provided by Safmarine, or copy thereof;
(ii) Safmarine making available electronic data to a Nominee pursuant to clause 3.2 above.
4. Safmarine Waybills or Bill of Lading Forms
All blank bill of lading forms shall remain the property of Safmarine until printed pursuant to these Terms. The Registered User shall:
4.1.0. provide an acknowledgement of receipt of all blank bill of lading forms, received from Safmarine, based on their Box Unique Numbers (“BUN”);
4.1.1 record and keep a log of all blank bill of lading forms received based their BUN or the alphanumeric blue tracking numbers (serial numbering) located at the foot of each blank form.
4.1.2 regularly keep and log inventory of their stock of blank bill of lading forms. Further instructions in this regard may be provided by the local Safmarine office.
Furthermore the Registered User shall ensure that blank bill of lading forms:
4.2.0 are used only in accordance with these Terms;
4.2.1 are not altered, except by an Individual User printing electronic data provided by Safmarine pursuant to these Terms;
4.2.2 are kept securely to provide appropriate protection against use otherwise than in accordance with these Terms, and any breach or suspected breach of security (including but not limited to loss or theft even if temporary) shall be reported to Safmarine immediately;
4.2.3 are returned to Safmarine immediately following termination of the Registered User’s use of the Safmarine Electronic Document Printing Facility.
4.3 Although not printed by Safmarine, the waybill or bill of lading to which the electronic data relates is issued by Safmarine. Only Safmarine and its authorised representatives have authority to issue, sign, mark or alter any such document on behalf of Safmarine.
5. Registered User's Authority
The Registered User warrants that:
5.1 he is entitled to receive the original(s) of any waybill or bill of lading which he prints;
5.2 he agrees and accepts that it shall be deemed a “Merchant” as defined in the Safmarine’s Terms for Carriage available at http://terms.safmarine.com/carriage.
5.3 should the Registered User not be the Shipper under the Transport Document, he has the authority to accept these Terms on behalf of the Shipper.
6. Law and Jurisdiction
6.1 The parties agree that these Terms shall be governed by and construed in accordance with United States law. Any dispute arising out of or in connection with it shall be subject to the exclusive jurisdiction of United States Federal Court of the Southern District of New York.
Hardware and Software Requirements
Electronic Document printing only requires:
1. Security Access
2. Min. 5.0 Internet Explorer or 1.00 Mozilla browser
3. Adobe Reader 6.0 or 7.0 (latest Adobe version)
4. Internet Access
5. Printer must be supported by Adobe Reader and should be 300 – 600 DPI for good quality.