1. Definition of terms

1.1. AFE – Alta Fairs & Exhibits
A division of All Transport Network, Inc. specializes in organizing trade shows, exhibitions, and events.

1.2. BOC – Bureau of Customs
Philippine government agency is responsible for enforcing customs laws, regulations, and policies related to the importation and exportation of goods.

1.3. CAAP – Civil Aviation Authority of the Philippines
The regulatory body is responsible for supervising and regulating civil aviation operations in the Philippines. It ensures the safety, security, and efficiency of the aviation industry in the country.

1.4. CAO – Customs Administrative Order
An administrative order issued by the Bureau of Customs provides detailed regulations and guidelines on specific customs-related matters, such as import/export procedures, valuation methods, or tariff classifications

1.5. CBM – Cubic Meter
Unit of measurement used in shipping and freight logistics to calculate the volume of cargo.

1.6. CMO – Customs Memorandum Order
An official directive or order issued by the customs authorities of the Philippines to provide guidance and instructions on customs procedures, regulations, or policies.

1.7. DEA – Designated Examination Area
refers to a specific area designated for the examination and inspection of goods by customs authorities.

1.8. EFS – Emergency Fuel Surcharge
An additional surcharge is imposed by shipping lines during times of significant fuel price fluctuations.

1.9. FCL – Full Container Load
Refers to a shipping arrangement indicating that a container is fully loaded with cargo from a single shipper or consignee.

1.10. FSC – Fuel surcharge
An additional fee is imposed by Airlines to compensate for fluctuations in fuel prices.

1.11. FOT – Freight on track
refers to the transportation of goods or cargo by rail, where the freight is carried on trucks.

1.12. LCL – Less Container Load
Refers to a shipping arrangement where cargo from multiple shippers or consignees is consolidated into a single container.

1.13. PASS – Payment Application Security System
A security system was implemented to ensure the secure and protected processing of payment applications, preventing unauthorized access or fraudulent activities.

1.14. PIA – Payment in advance
Payment arrangement where the client is required to make the full payment for services before they are provided.

1.15. PTW – Permit to Withdraw

1.16. RSDI – Return shipping and disposal instructions
Refers to instructions or guidelines provided for the return shipping and proper disposal of goods or materials after their use or delivery.

1.17. SOLAS – Safety of life at sea
An international maritime treaty that establishes minimum safety standards for the construction, equipment, and operation of ships. It aims to ensure the safety of human life at sea, as well as the safety of ships and the environment.

1.18. SSC – Security surcharge
An additional fee is imposed by Airlines for security measures implemented in response to increased security risks and regulations.

1.19. TABS – Terminal Appointment Booking
A system or process used to schedule and book appointments for the delivery or pickup of containers at a terminal or port facility.

1.20. VAT – Value Added Tax: VAT is a consumption tax imposed on the value added to services at each stage of distribution. It is levied as a percentage of the selling price and is collected by businesses on behalf of the government.

1.21. VGM – Verified Gross Mass
Refers to the total weight of a packed container, including its contents and the tare weight of the container. It is a requirement under the International Convention for the SOLAS that the shipper provides the verified gross mass of the container before it can be loaded onto a vessel.

2. General Terms and Conditions (All provisions applicable to all products)

2.1. Rates shall be for the stated scope of work or service only.

2.2. Acceptance of proposal shall be signed by authorized representative/s of the company

2.3. All Transport Network, Inc. shall not be held liable for damages or losses to the products arising directly or indirectly from the inherent defect, weakness, unsuitability for transport, or nature of the packaging of the Client’s products.

2.4. In no circumstances shall All Transport Network, Inc. be liable to the Client for any compensatory and/or consequential damages by reason of loss of business opportunity, loss of sales, unrealized profits, and such other business penalties howsoever caused that may be incurred or sustained by the Client arising from the engagement of All Transport Network, Inc.

2.5. Claims shall be processed and charged separately from the final invoice of the service agreement.

2.6. The application for a credit line shall first be duly approved by All Transport Network, Inc.

2.7. Advances to be made by All Transport Network, Inc. shall be subject to 3% surcharge premium based on the total advances.

2.8. All activities undertaken are subject to the General Trading Conditions stated at the Bill of Lading and Airway bill.

2.9. Liability is defined and is limited to the carriers’ liability located on the Bill of Lading or Airway Bill

2.10. Modifications or amendments to these Terms and Conditions of Service can only be made in writing and shall be signed by both the Customer and the Company. Any attempt to change or revise them without mutual agreement will be invalid and have no effect.

2.11. All risk marine insurance coverage for the goods to be handled by ATN and its sub-contractor shall be the responsibility and to the account of the client with ATN and its sub-contractor as co-insured. Such insurance coverage for all risks and liabilities shall be covered with an expressed and unconditional waiver of subrogation to ATN and its subcontractor.

2.12. Rates are VAT exclusive, subject to 12% VAT. VAT exemption can be availed of contingent on the provision of an agent/customer Tax Residency Certificate (TRC) from the origin country government Tax Agency.

2.12.1. Parties shall submit a Tax Residency Certificate and other appropriate documentation required to avail the benefits and protection of the applicable bilateral tax treaty.See link for countries with double tax agreement https://www.bir.gov.ph/index.php/international-tax-matters/international-tax-agreements.html

2.13. Terms and conditions shall be governed by and construed in accordance with the laws of the Philippines. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Philippines.

3. Ocean Freight Import FCL

3.1. Shipping lines’ schedules, routings, and expected arrivals are subject to change with or without prior notice.

3.2. Shipping lines’ additional or pass-on charges may be subject to change with or without prior notice.

3.3. All Transport Network, Inc. shall be relieved of liabilities for the following events on port situations and truck bans that are beyond their control:

3.3.1. Port congestion (i.e., late berthing of the vessel; late discharge of container; container is placed in an area within the port that requires manual identification of container prior to releasing; long queues at the gate by trucks to pick up containers)

3.3.2. Shipping lines that have no depot within the Port Zone; no extended hours for acceptance of empty containers (acceptance should align with the truck ban hours)

3.3.3. With the port situation/truck bans, any other charges such as storage, detention, demurrage, penalty, revalidation of gate passes, expenses resulting in the transfer of containers to other ports, diversion of CY for return of empty containers will be for the account of the consignee in the Philippines.

3.3.4. Unpaid shipping line charges, such as but not limited to incidental charges, shall be paid by the Client.

4. Ocean Freight Import LCL

4.1. Shipping lines’ schedules, routings, and expected arrivals are subject to change without prior notice.

4.2. Shipping lines’ additional or pass-on charges may be subject to change with or without prior notice.

4.3. Subject to the consolidator’s timeline of releasing consolidated container from the port to customs bonded CFS. Subject to CFS Charges.

4.4. Pricing Minimum of one (1) CBM.

5. Ocean freight Export FCL

5.1. Cargo is subject to cargo acceptance due to commodity and space availability.

5.2. Shipping lines’ schedules and routing are subject to change with or without prior notice.

5.3. Shipping lines’ additional or pass-on charges may be subject to change with or without prior notice.

5.4. SOLAS requires the shipper to provide VGM in a “shipping document,” either as part of the shipping instruction or in a separate communication before vessel loading.

5.5. Should the Client require stuffing services and other similar services outside the scope of service from All Transport Network, All Transport Network shall not be held liable for any damage or loss during the said activity.

5.6. Pre-advice to shipping lines’ will be done by the trucker of the shipper.

5.7. The client trucker will coordinate with the shipping line or carrier prior to the estimated time of departure.

5.8. Penalties by Customs due to incorrect document details will be billed to the shipper.

6. Ocean freight Export LCL

6.1. Cargo is subject to cargo acceptance due to commodity and space availability

6.2. Packing and packaging shall withstand the normal rigors of ocean transit.

6.3. Shipping lines’ additional or pass-on charges may be subject to change with or without prior notice.

6.4. Shipping lines’ schedules and routing are subject to change with or without prior notice.

6.5. Cargo is subject to the consolidator’s CFS Charges.

6.6. Minimum pricing is one (1) CBM.

7. Domestic Sea FCL

7.1. The rates will be defined based on the INCO terms for Door to Door / Port to Port.

7.2. Material handling equipment (i.e., hustling, packaging, crating, lashing, and other similar activities) are excluded from the service contract unless otherwise stated.

7.3. Shipping line insurance coverage is as follows:
Php 500,000.00 – 20FT
Php 1,000,000.00 – 40FT

7.4. The additional value declared will be subject to an additional premium, based on the domestic carrier used.

7.5. Loading and counting is of shipper’s responsibility.

7.6. Shipping lines’ sailing schedules are estimated only and are subject to change by the shipping line without prior notice from All Transport Network, Inc.

7.7. Container and space are subject to availability.

7.8. Client shall have plug-in facilities at their origin and destination facilities.

8. Domestic Sea LCL

8.1. Minimum pricing is two (2) CBM.

8.2. LCL is subject to carriers and shipping line consolidation.

8.3. Packing and packaging shall withstand the normal rigors of ocean transit.

8.4. Rates are subject to change based on the actual measurement and declared value of the commodity.

8.5. Shipping lines’ sailing schedules are estimated only and may be subject to change by the shipping lines without prior notice from All Transport Network, Inc.

9. Airfreight

9.1. The booking shall indicate the following information:

9.1.1. Quantity,
9.1.2. Weight,
9.1.3. Dimensions, and
9.1.4. Commodities.

9.2. Any discrepancies from the number of pieces, weight, dimensions, and commodities given in the booking shall be subjected to re-quotation. Additional charges for re-booking, trucking, and warehousing shall be levied to the client.

9.3. Chargeable weight shall be rounded off to the nearest next higher weight break and is computed as actual weight or dimension / volumetric weight, whichever is higher.

9.4. To compute for volumetric weight: all in centimeter length x width x height / 3,500 for domestic, and over 6,000 for international freight.

9.5. Airlines’ incidental charges may be subject to change by the airlines without prior notice from All Transport Network.

9.6. Packing and packaging shall withstand the normal rigors of air transit. All shipments are considered “Shipped at Owner’s Risk”. Repacking services can be offered as needed with corresponding charges.

9.7. Cargo description shall be pre-declared. Ruling on acceptance shall apply on items deemed as dangerous, hazardous, flammable, combustible, live, or other items listed by the CAAP as items “to be loaded only on specific aircraft type and requiring CAAP” place accreditation.

9.8. Airlines’ schedules are subject to change with or without prior notice.

10. Import Brokerage

10.1. Client shall provide and disclose all documents and information required for the customs clearance such as:

10.1.1. Detailed Commercial invoices and Packing list complaint to CMO 08 – 2007

10.1.2. Product catalogs, photos, diagrams, and technical description

10.1.3. Other documents necessary for the preparation of the customs entry

10.1.4. Cargo packing shall be properly marked as per CAO 02 – 2019

10.1.5. Client represents, warrants, and covenants that it is and remains compliance and government agencies with all applicable laws:

10.1.6. Has valid license to operate, permit to operate, or accreditation to regulating agency

10.1.7. Has valid import permits, clearance, authority to import, or exemption

10.1.8. Has valid BOC accreditation as an importer or exporter

10.1.9. Client shall also comply with all applicable laws of any country or other jurisdiction to, from, through, over, or in which any goods may be carried, including all applicable laws relating to the marking, packing, carriage, storage, clearance, or delivery of the goods.

10.1.10. Client represents, warrants, and covenants that the export jurisdiction and classification of all goods is correct and that it shall immediately notify ATN Brokerage in writing of any changes to such information.

10.1.11. Client further represents warrants, and covenants that all goods are properly marked, addressed, and packaged to withstand ocean transport, air transport, and ground transport.

10.1.12. ATN Brokerage is not liable to the Client for loss, damage, expense, or delay due to the Client’s failure to comply with these Terms and Conditions. Client shall indemnify and hold ATN Brokerage harmless against any and all claims, losses, or damages arising from the conduct of Client or any of its officers, directors, employees, agents, owners, or other Persons working for or with Client under these Terms and Conditions that constitutes a violation of the Client’s obligations, representations, warranties, and covenants contained herein.

14.1. Unless otherwise agreed, the Client shall pay all duties and other customs charges through an authorized agent bank via PASS version 5.0 system of the BOC.

14.2. Unless otherwise agreed, ATN has no obligation to take any pre- or post-Customs release action, including obtaining binding rulings, advising of liquidations, filing of petitions and/or protests, etc.

14.3. Any delay or additional charges arising from questions or issues raised by the Bureau of Customs on the shipments shall be on the account of the clients.

11. Trucking – FCL

11.1. Bookings be made one (1) day prior to the positioning date.

11.2. Free 4 hours waiting / unloading/loading time, subject to demurrage charges as follows:

11.3. Rates quoted are freight on truck

11.3.1.1. Stripping/Devanning, unloading/loading of goods that require special handling equipment and/or extra manpower not included.

11.3.1.2. Freight on truck until ramp loading and unloading bay. Further movement, hustling is not included.

11.3.1.3. Rates exclude bobtail and/or advanced positioning of the container.

11.4. A truck shall be assigned with one helper. Additional helper(s), upon request and availability, shall be subjected to additional charges.

11.5. An additional 50% of the agreed trucking rate shall be charged to the client should the shipment undergo DEA/X-ray.

11.6. Cancelled / aborted trips shall be charged 75% of the agreed rate.

11.6.1. 100% of the trucking rate shall be charged if the truck has been deployed.

11.6.2. Permit to Withdraw fee shall also be charged at cost, on top of the trucking fee.

11.7. Terminal Appointment Booking System (TABS) booking fee will be charged at cost.

11.8. Additional charges that may be billed to the Client, but not limited to:

11.8.1. Permits or road user’s fees imposed by concerned national or local government units,

11.8.2. Escort fee,

11.8.3. Gate pass revalidation,

11.8.4. Overloading, or load beyond 18 tons,

11.8.5. Shipment diversion to another delivery location,

11.8.6. Empty containers for return diversion to another container yard.

11.8.7. Other analogous to the above that may be encountered.

11.9. Rates quoted are not applicable to project cargos which are out-of-gauge and require special handling.

11.10. Emergency Fuel Surcharge shall be applied when warranted due to fuel price volatility, inflation, foreign currency exchange rate, and similar factors.

12. Trucking – LCL

12.1 Free 2 hours waiting / unloading/loading time, subject to demurrage charges as follows:

12.2. Rates quoted are freight on trucks.

12.2.1. Stripping/Devanning, unloading/loading of goods that require special handling equipment and/or extra manpower not included.

12.2.2. Hustling of goods to/from the client’s warehouse/storage area is not covered.

12.3. A truck shall be assigned with one helper. Additional helper(s), upon request and availability, shall be subjected to additional charges.

12.4. Cancelled / aborted trips shall be charged 75% of the agreed rate.

12.4.1. 100% of the trucking rate shall be charged if the truck has been deployed.

12.5. Rates quoted are valid for trips within office hours only. In case of deliveries/pick-ups beyond office hours, Sundays, and holidays, an additional 50% of the agreed rates will be applied.

12.6. Additional charges that may be billed to the Client, but not limited to:

12.6.1. Permits or road user’s fee imposed by concerned national or local government unit,

12.6.2. Escort fee,

12.6.3. Shipment diversion to another delivery location,

12.6.4. Empty containers for return diversion to another container yard,

12.6.5. Other analogous to the above that may be encountered.

12.7. Rates quoted are not applicable to project cargos that are out-of-gauge and require special handling.

12.8. Emergency Fuel Surcharge shall be applied when warranted due to fuel price volatility, inflation, foreign currency exchange rate, and similar factors.

13. Fairs and Events

13.1. Shipping instructions and tariffs prepared for each event shall be followed by agents and clients.

13.2. Application for tax exemption shall be filed within the set deadlines and with the provision of all supporting documents. BL/AWB, commercial invoice, packing list,
ALL TRANSPORT NETWORK, INC
product catalogs, certificate of venue, and permit (if applicable) shall be compiled and submitted by agents and/or clients.

13.3. On-site handling requirements by the exhibitors shall be pre-advised prior to the dates of move-in or move-out for proper planning and preparation of desired equipment and manpower.

13.4. On-site handling shall be performed only at the allowable dates and hours set by the organizers/show managers.

13.5. On-site handling shall be performed upon approval of the venue operators in accordance with their house rules and regulations (i.e., weight per sq foot, size, etc.).

13.6. RSDI shall be signed by the clients/exhibitors for the re-exportation of shipments.

13.7. Coverage for all-risk insurance shall be the responsibility of the Clients.

13.8. Return shipment/booking is subject to the availability of space and equipment.

13.9. ATN through AFE shall be free of any liability arising from revisions or amendments of the shipping documents done by the shipper, consignee, and/or their agents.

14. Special projects (freight forwarding and customs clearance)

Assumptions and Clarifications

14.1 VAT – included in the General Terms and Conditions

14.2 We need a minimum of two (2) weeks advance notification for booking and to give ample time for quality operational planning, contract management, and documentary compliance.

14.3 Proposal submitted based on the packing list provided (among others) dated _____. Any changes in the dimensions and weight mean changing order which will be subjected to cost review.

14.4 The client will cover door-to-door all-risk Marine Insurance coverage. ATN will be co-insured. We can assist as needful.

14.5 Subrogation clause – see above

14.6 It is assumed that client job sites as per the “delivery sheet” is accessible to delivery equipment for easy maneuvering and have compacted grounds. Removal of all obstructions vertical and horizontal, road improvements including the compacting of the ground in order to position our trucks will be SMC’s responsibility.

14.7 Services exclusive of bringing in goods/equipment or spotting and positioning unto lay down area/close to installation area.

14.8 In case of a situation not foreseen before the performance of contract as specified in the scope of work, Client and ATN shall discuss and agree in writing for any change in plan and cost BEFORE proceeding to undertake such changes.

14.9 This also covers and is not limited to re-work and additional equipment and personnel outside of the agreed equipment which SMC may require after the logistics plan has been finalized. Such changes, revisions or special requirements will be subjected to cost review prior to its implementation.

14.10 Cancellation of booking or reservation of equipment on the date of deployment or mobilization shall be considered as foul or aborted trip where 50 per cent of the affected cost shall apply.

14.11 There are potential charges due to delays on import Customs formalities, project delay as a consequence by acts of God, acts of government, acts of SMC, port strikes, acts of shipping lines, among others due to NO fault of ATN.

14.12 Port storage, container detention, container demurrage beyond 5 days.

14.13 Empty containers will be picked up immediately upon unloading to decongest the work area and provide sufficient space for unloading operations.

14.14 Terms of Payment: FULL Payment – 30 days upon receipt of Invoice for the services rendered.

14.15 Project delay as a consequence by act of God, act of government, acts of PCG, port strike, acts of shipping lines, third party suppliers / contractors; among others due to NO fault of ATN – we shall be entitled to receive demurrage charges for our equipment and crew.

14.16 Rate Validity: Proposal subject for confirmation as project commencement nears and firm project details are known.

15. Warehouse Dry/Cold

15.1. The offer is subject to the availability of warehouse space upon signing this proposal, unless both parties agreed for a dedicated minimum storage space.

15.2. Minimum storage is 15 days.

15.3. Insurance of the goods shall be the responsibility of the client.

15.4. The liability of ATN for inventory discrepancies due to their fault or negligence shall be based on the receipted declared value of goods but in no case shall exceed the monthly Management Fee.

15.5. All transactions are on pay in advance basis unless otherwise agreed upon separately and covered by our House ATN Credit Line Agreement.

15.6. The Client shall settle the outstanding balance in full prior to the complete withdrawal of goods. The goods’ value shall equal or exceed the outstanding balance.

15.7. Should ATN and the client continue their relations without having executed a written renewal of this Agreement, they shall continue to be governed by the provisions of this current Agreement except as to the term, which shall subsist from month to month.

15.8. ATN shall have a general lien on all goods, tools, equipment or documents relating to the cargoes of the Client in its possession for all sums due at any time from the Client, and shall be entitled to sell or dispose of such goods, tools, equipment or documents at the expense of the Client and apply the proceeds in or towards the payment of such sums on 30 days’ notice in writing to the Client in case the latter fails to pay the services duly rendered. The proceeds from the sale of goods shall be used to defray expenses and other costs incurred, both by reason of the sale conducted and the keeping of the goods beyond the period agreed upon.

15.9. Client agrees on government-mandated deductions to be withheld by ATN. Subject to VAT and withholding charges.

15.10. Client shall declare the complete description of the goods.

15.11. Warehouse operating schedule:

 Beyond the regular operating schedule, overtime and activation charges shall apply.

15.12. Provision of additional manpower to perform labor activities after said regular operating schedule shall be subject to additional charges.

15.13. Proposal inclusions:

15.13.1. Basic storage of General Cargo and use of forklift up to 2000 kg per package,

15.13.2. Provision of Basic Inventory Report and receiving status,

15.13.3. Supervision and security service including use of CCTV,

15.13.4. Warehousing maintenance and utility,

15.13.5. Handling in/out charge include:

15.13.5.1. Receiving of items,

15.13.5.2. Physical Inspection,

15.13.5.3. Quantity check (outer packaging),

15.13.5.4. Bringing in & positioning of items into appropriate storage location,

15.13.5.5. Dispatching of items per delivery receipt/according to client’s instruction.

15.14. Proposal exclusions:

15.14.1. Other activities like packing and crating, pick & pack, sorting, barcoding, bundling, and the like are not covered by the given storage rates,

15.14.2. Deliveries that would require heavy lift equipment,

15.14.3. This will be discussed separately for proper quote, if applicable.