Terms of Service

1. Agreement to These Terms

These Terms of Service form a binding agreement between you and SBA Global Trading Co. Limited, a company operating a consolidation desk at Rm 1511 15/F Tak Fung Industrial Centre Blk 2, 168 Texaco Rd, Tsuen Wan, Hong Kong - 999077, Hong Kong (HK). By using this website, requesting a quotation or instructing the company to handle a consignment, you accept these terms.

If you are acting for an employer or another organisation, you confirm that you have authority to bind that organisation to these terms. If you do not have that authority, you must not submit a booking or instruct the company to act on your behalf.

Where a signed service agreement or a written booking confirmation contains terms that differ from this page, the signed document takes priority for that engagement. Otherwise, these terms apply to every quotation, lot file, movement and document set that the company produces.

2. Definitions

The following words have the meanings set out below throughout these terms.

• Company means SBA Global Trading Co. Limited, including its staff and authorised agents acting for the desk.
• Client means the person or organisation that instructs the company, and any person who submits a booking through this website.
• Lot file means the operational record for a consignment, including the packing list, measurement sheet, load checklist, documents and correspondence.
• Consignment means the goods, cartons, pallets or equipment that the client asks the company to handle.
• Services means the consolidation, drayage, documentation and related activities described in these terms.
• Carrier means a shipping line, airline, road haulier or other party that performs the main carriage of a consignment.
• Site means a pickup address, a warehouse, a port facility or a delivery address connected with a consignment.

3. Scope of Services

The company provides LCL groupage, buyer consolidation, reefer container planning, door-to-door drayage, customs paper preparation and weekly sailing slot bookings. Each service is described on the Services page of this website and on the quotation issued for an engagement.

The company acts as a consolidator and coordinator. It is not a carrier for ocean carriage unless a separate written agreement says so, and it does not own the vessels, aircraft or port facilities used for the main transport. Where a carrier performs the main carriage, the carrier terms apply to that leg in addition to these terms.

The company may sub-contract any part of the services to a qualified party, including a haulier, a warehouse operator, a customs broker or an overseas agent. The company remains responsible for selecting that party with reasonable care and for coordinating the work, but it does not control the internal operations of an independent party.

Any advice given about routes, transit times, customs treatment or documentation is provided in good faith based on the information available at the time. Advice is not a guarantee of a particular outcome where the outcome depends on a carrier, an authority or a third party.

4. Booking and Lot Files

A booking begins when the client sends a written instruction and the company confirms it in writing. An enquiry, a quotation or a verbal discussion does not create a booking. The company may decline a booking where capacity is unavailable, where the cargo is outside the accepted categories or where the information supplied is insufficient.

On confirmation the company opens a lot file and issues a reference number. The client must quote that reference in all later correspondence and on all documents attached to the consignment. The reference allows the desk to connect a carton, a document and an email to one record.

The client is responsible for the accuracy of the details in the booking, including the supplier address, the consignee address, the cargo description, the weight, the dimensions and the required sailing date. If a detail changes after confirmation, the client must notify the desk immediately, and any additional cost arising from the change is charged to the client.

5. Accepted Cargo and Restrictions

The company accepts general commercial goods, including computer hardware, network equipment, components, spare parts, office supplies and similar freight. All cargo must be lawfully exportable from the origin jurisdiction and lawfully importable into the destination jurisdiction.

The following require written acceptance before a booking is confirmed: dangerous goods in any class, lithium batteries not installed in equipment, temperature-sensitive chemicals, perishable food, live plants and animals, cash and negotiable instruments, precious metals and stones, works of art, medical samples and any cargo subject to a licensing or permit regime.

The client must not present cargo that is prohibited by the law of any jurisdiction on the route, that is packed in a way that presents a risk to people or equipment, or that carries a false or misleading description. The company may refuse, hold, return or dispose of such cargo at the client cost and may report the matter to an authority where required.

Where the company agrees to handle regulated cargo, the client must supply the safety data sheet, the transport classification, the packing instructions and any permit or certificate required. The client remains responsible for the accuracy of those documents and for any penalty arising from an incorrect declaration.

6. Measurement and Packing

The company measures each consignment at intake and records the dimensions and gross weight on the lot file. The chargeable volume is calculated from those measurements. The client may ask for the measurement sheet and may challenge a measurement in writing within seven days of receiving it.

Cargo must be packed so that it can withstand ordinary handling, stacking and a sea voyage. Cartons must be closed and reinforced, pallets must be sound and free from protruding nails, and heavy items must be secured to the pallet. The company may re-pack or re-palletise cargo that is not fit for consolidation, and the cost of doing so is charged to the client.

Where a consignment is delivered to the shed in a condition that prevents safe handling, the company may refuse it and record the reason. A refusal is not a breach of these terms, and the client remains liable for any transport cost already incurred in bringing the cargo to the shed.

The company photographs each intake to record the count and condition of the cargo. Photographs are part of the lot file and are used for operational and claims purposes as described in the Privacy Policy.

7. Reefer and Temperature Cargo

A reefer booking must state the required set point, the acceptable temperature range and the pre-cooling time. The company will confirm in writing whether the requested conditions can be met for the planned voyage, taking into account the carrier equipment and the route.

The client is responsible for ensuring that the cargo has been pre-cooled to the required temperature before it reaches the shed. The company may refuse to load cargo that is outside the agreed range, and any delay or re-planning cost arising from a refusal is charged to the client.

The company records temperature readings at load, at departure and at recorded handovers. Where a reading falls outside the agreed range, the company will notify the client as soon as practicable and record the notification. The company is not liable for a temperature excursion caused by a carrier, a port facility, an authority or a defect in equipment that it did not supply, except to the extent required by law.

Where a reefer container is supplied by a carrier, the carrier terms govern the condition and operation of the unit. The company will assist the client in raising a claim against the carrier but does not assume the carrier obligations.

8. Customs and Documentation

The company prepares declarations, packing lists, invoices, certificates of origin and valuation sheets on the basis of the information supplied by the client. The client is responsible for the truth, accuracy and completeness of that information, including the description, value, quantity and origin of the goods.

The company checks the document set against the lot file before lodgement. That check is a quality control step and does not transfer responsibility for the client data. If a document is rejected by an authority, the company will assist in correcting it, and any additional fee, storage cost or penalty arising from the rejection is charged to the client unless the rejection was caused by the company negligence.

The company does not provide legal, tax or customs advice. A client who needs advice on classification, duty treatment, preferential origin or import restrictions should engage a qualified adviser. The company may recommend a broker or an adviser, but it does not guarantee the advice of an independent professional.

Documents are retained in the lot file for the period described in the Privacy Policy. The client may request a copy at any time during that period, and the company will provide it in the format available.

9. Drayage and Site Access

The company arranges pickup and delivery within an agreed window. The client must ensure that the site is open, that the contact is present, that the approach is suitable for the vehicle and that the equipment needed to load or unload is available. A waiting period beyond the agreed free time is charged at the published rate.

The client must inform the company of any site restriction, including a height barrier, a weight limit, a security check, a booking system or a fixed delivery appointment. A failed delivery caused by an undisclosed restriction is charged as a redelivery, and the company may store the cargo at the client cost.

Where a driver is asked to load or unload cargo, the client accepts that the driver acts under the direction of the site staff and that the company is not responsible for damage caused by an unsafe loading arrangement that the site staff directed.

Delivery is complete when the consignee signs the delivery note or confirms receipt electronically. A signature confirms the count stated on the note. The client must note any visible damage on the delivery note at the time of receipt, and must notify the company in writing within the period stated in the claims section.

10. Sailing Slots and Schedules

The company holds allocations on weekly departures and confirms a sailing slot for each booked lot. The slot is subject to the carrier schedule and to the cargo being documented and delivered before the published cut-off.

Transit times quoted by the company are estimates based on the carrier schedule in force at the time of booking. The company does not guarantee an arrival date. Where a carrier changes a rotation, omits a port or rolls a container, the company will notify the client and re-plan the movement as efficiently as the capacity allows.

If cargo misses the agreed cut-off because the client has not supplied documents or has not delivered the goods on time, the company may move the lot to the next available sailing. The client remains liable for the charges already incurred and for any re-booking fee charged by the carrier.

Where the company misses a confirmed slot because of its own operational failure, it will arrange the next available sailing at no additional consolidation charge and will work with the client on any consequential cost that can reasonably be mitigated.

11. Charges and Payment

Charges are set out in the quotation issued for an engagement. Unless the quotation states otherwise, charges cover consolidation handling, measurement, load planning, document preparation and the agreed drayage legs. Carrier freight, destination handling, duties, taxes and inspection fees are charged at cost plus the agreed margin.

Invoices are payable within the period stated on the invoice. Where no period is stated, payment is due within fourteen days of the invoice date. The company may require a deposit before a slot is confirmed, particularly for reefer cargo and for routes with limited capacity.

Late payment may attract interest at the rate permitted by law and may result in the suspension of further bookings. The company may exercise a lien over cargo in its control where an invoice for that cargo or for an earlier lot remains unpaid, and may store the cargo at the client cost until settlement.

The client is responsible for bank charges and for any currency conversion cost. Where a quotation is made in one currency and an invoice is issued in another, the invoice will state the rate applied. Charges for services requested after the booking, such as re-packing or a redelivery, are quoted separately or charged at the published rate.

12. Storage and Demurrage

The company provides free storage at the consolidation shed for a limited period before and after the booked sailing. The period is stated on the booking confirmation. Storage beyond that period is charged at the published rate.

Where cargo is held because documents are incomplete, because a delivery appointment has not been confirmed or because an invoice remains unpaid, the resulting storage is charged to the client. The company will notify the client when free time is about to expire.

Where cargo is held at a port facility, a carrier terminal or a customs examination area, the charges of that facility apply in addition to the company charges. The company will pass those charges on at cost and will provide the supporting document on request.

If cargo remains uncollected for an extended period after written notice, the company may store, sell or dispose of it in accordance with the law and may recover the unpaid charges from the proceeds. Reasonable notice will be given before any disposal.

13. Liability and Limitations

The company performs its services with reasonable skill and care. It does not exclude liability where the law does not permit exclusion, including liability for fraud, for deliberate misconduct or for death or personal injury caused by negligence.

Subject to the preceding paragraph, the company is not liable for indirect or consequential loss, including loss of profit, loss of business, loss of market, loss of goodwill or loss of data. The client should insure valuable cargo separately for its full commercial value.

Where liability is not otherwise limited by an international convention, a carrier term or a separate written agreement, the company liability for loss of or damage to cargo is limited per package or per kilogram, whichever is higher, in line with the limitation that applies to the relevant carriage. The company will explain the applicable limitation on request.

The company is not liable for loss or damage caused by the act or omission of the client, by defective packing, by the inherent vice of the cargo, by a delay caused by an authority, by a strike, by a carrier failure or by an event beyond reasonable control. Nothing in these terms limits the client statutory rights that cannot be excluded.

14. Claims and Time Limits

A claim for visible damage must be noted on the delivery note at the time of receipt and notified to the company in writing within three days. A claim for loss must be notified within seven days of the delivery date or of the date on which the cargo should have been delivered.

A claim must include the lot reference, the delivery note, photographs of the damage and the packing material, and a statement of the value claimed with supporting documents such as the invoice and the purchase order.

The company will acknowledge a claim promptly, investigate it against the lot file and provide a written response. Where the company accepts a claim, it will settle within a reasonable period or arrange a replacement service where that is the agreed remedy.

Failure to notify a claim within the stated period may affect the ability to recover against the company, a carrier or an insurer. The company will still investigate a late claim where the evidence is sufficient, but the client should not rely on that discretion.

15. Insurance

The company maintains business insurance that covers its premises, its equipment and its public and professional activities. That insurance does not cover the cargo of a client.

The client is responsible for insuring its cargo for marine transit, including storage before and after the voyage, unless a separate written agreement places that obligation on the company. Where the client asks the company to arrange cargo insurance, the company will do so as an intermediary and the insurer terms will apply.

A client who declines cargo insurance does so at its own risk. The liability limits in these terms are generally well below the commercial value of a consignment, and an uninsured loss can be significant. The desk can provide guidance on arranging cover before a booking is confirmed.

16. Force Majeure

The company is not liable for a failure or delay caused by an event beyond its reasonable control. Such events include a natural disaster, extreme weather, a port closure, a labour dispute, a war, civil unrest, a pandemic, a government order, a customs strike, a carrier insolvency and a prolonged failure of communications or power.

Where a force majeure event occurs, the company will notify the client as soon as practicable, describe the expected impact and take reasonable steps to mitigate the effect. The obligations affected by the event are suspended for the duration of the event.

If a force majeure event continues for an extended period, either party may terminate the affected booking on written notice. The client remains liable for the charges incurred before the event and for the cost of safely holding or returning the cargo.

17. Client Duties and Warranties

The client warrants that it has the right to ship the cargo, that the cargo is lawful in every jurisdiction on the route and that the information supplied to the company is accurate and complete. The client also warrants that it has obtained every permit, licence and consent required for the export, transit and import of the cargo.

The client must cooperate with the company in the preparation of documents, in the resolution of a customs query and in the investigation of a claim. Prompt cooperation is a condition of the company ability to meet a sailing slot or a delivery appointment.

The client must ensure that the people it names as contacts have agreed to be contacted about the shipment. Where a third party complains about the use of its contact details, the client is responsible for resolving the complaint.

The client indemnifies the company against a loss, penalty or cost arising from a breach of these warranties, from a false declaration or from a failure to disclose a restriction. The indemnity is limited to what is proportionate to the breach and does not cover the company own negligence.

18. Intellectual Property

This website, its design, its text, its images and its code are owned by the company or are used under a licence. The client may view and print pages for the purpose of understanding the services, but may not copy, republish or modify the content for a commercial purpose without written permission.

Documents produced for a client, such as a measurement sheet, a load checklist or a document set, are supplied for the client own use in connection with the shipment. The client may share them with its consignee, its insurer and its advisers.

The company name, the desk name and any related marks remain the property of the company. A reference to the company in a client communication must not suggest an endorsement, a partnership or a sponsorship that has not been agreed in writing.

19. Confidentiality

Each party must keep confidential the commercial, technical and operational information that the other party discloses for the purpose of a booking. This includes pricing, supplier lists, purchase orders, delivery volumes and any internal process described in a lot file.

Confidential information may be disclosed where the law requires it, where a court or an authority orders it, or where disclosure is necessary to perform the services, for example to a carrier or a customs broker. Disclosure is limited to the recipient who needs the information and to the extent required.

The obligation of confidentiality continues after a booking ends. The company keeps client information in its records for the retention period described in the Privacy Policy, after which it is deleted or anonymised.

20. Privacy and Data

The company processes personal data in accordance with its Privacy Policy, which forms part of these terms. The policy explains the categories of data collected, the purposes of processing, the legal bases, the sharing with carriers and agents, the retention periods and the rights available to individuals.

Where the company processes personal data on behalf of a client, for example a supplier list stored in a lot file, the client remains the controller and must ensure that it has a lawful basis to share that data. The company will process the data only for the service and in line with the client written instructions.

A question about data protection, a request to exercise a right or a report of a possible breach should be sent to sales@sbaglobal.mom with the subject line Privacy Request or Privacy Complaint.

21. Suspension and Termination

The company may suspend a booking or refuse further work where an invoice remains unpaid, where the cargo is outside the accepted categories, where a document appears false or where a continued service would breach a law or a carrier requirement. The company will explain the reason in writing.

Either party may terminate an ongoing arrangement on written notice. Termination does not affect a booking that is already in progress, and the company will complete the movement where it is safe and lawful to do so, charging the agreed fees.

On termination, the company will return any cargo in its control to the client or deliver it as instructed, provided that the outstanding charges are settled and the delivery instructions are reasonable. Confidentiality, liability, claims and governing law survive termination.

22. Governing Law and Disputes

These terms are governed by the laws of Hong Kong. The parties submit to the exclusive jurisdiction of the courts of Hong Kong, subject to any mandatory rule that applies in the client own jurisdiction and to any convention that governs the international carriage of the cargo.

Before starting proceedings, the parties will attempt in good faith to resolve a dispute through discussion between the desk coordinator and the client representative. A written notice of the dispute should state the facts, the amount claimed and the remedy sought.

If discussion does not resolve the matter within thirty days, either party may refer the dispute to mediation or to the courts. Nothing in this section prevents a party from seeking urgent relief to preserve cargo or evidence.

Where a claim arises from international carriage, the convention that applies to that carriage may determine the forum, the limitation period and the maximum liability. The company will identify the relevant convention on request.

23. Changes to These Terms

The company may update these terms from time to time to reflect a change in the services, the law or the way the desk operates. The updated terms are published on this page with a new effective date.

A booking is governed by the terms in force on the date the booking is confirmed, unless the client agrees to a later version. Where a change is material and affects an ongoing arrangement, the company will give reasonable notice before the change takes effect.

The client is encouraged to review this page before a new booking. Continued use of the website or of the services after a change takes effect indicates acceptance of the updated terms.

24. Contact

Questions about these terms, a booking or a claim can be sent to the desk using the details below. The desk answers during published business hours, Monday to Friday from 09:00 to 18:00 Hong Kong time.

These terms should be read together with the Privacy Policy, which describes how personal data is handled in connection with the website and the services.