The Shipper And Carrier Contract serves as a fundamental legal instrument in Indonesian commercial transactions, establishing the terms and conditions for the transportation of goods between parties. This document is essential when a business needs to engage a carrier for regular shipping services, whether for domestic or international transportation. It encompasses crucial elements such as service specifications, pricing structures, liability allocation, and operational procedures, all aligned with Indonesian law, particularly the Law No. 17 of 2008 on Shipping and the Indonesian Commercial Code (KUHD). The agreement is designed to protect both parties' interests while ensuring compliance with local transportation regulations and international shipping standards where applicable. It's particularly relevant for businesses engaged in regular shipping activities requiring a formal, comprehensive agreement rather than transaction-based shipping documents.
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1. Parties: Identification of the Shipper and Carrier, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of shipping services to be provided by the Carrier
5. Term and Termination: Duration of the agreement and conditions for termination
6. Carrier Obligations: Key responsibilities of the Carrier including handling, transportation, and delivery requirements
7. Shipper Obligations: Key responsibilities of the Shipper including cargo preparation and documentation
8. Rates and Payment Terms: Pricing structure, payment schedule, and invoicing procedures
9. Liability and Insurance: Allocation of risks, liability limits, and insurance requirements
10. Force Majeure: Provisions for handling unforeseen circumstances and events beyond parties' control
11. Confidentiality: Protection of confidential information exchanged during the business relationship
12. Governing Law: Specification of Indonesian law as governing law and jurisdiction
13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and venue
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Dangerous Goods: Special provisions for handling dangerous or hazardous materials
2. Temperature Controlled Cargo: Specific requirements for temperature-sensitive shipments
3. Customs Clearance: Responsibilities and procedures for customs clearance when handling international shipments
4. Performance Metrics: Key performance indicators and service level agreements
5. Electronic Data Interchange: Provisions for electronic communication and documentation systems
6. Subcontracting: Terms governing the Carrier's right to subcontract services
7. Environmental Compliance: Special provisions for environmental protection and sustainability requirements
8. Security Requirements: Additional security measures for high-value or sensitive cargo
1. Schedule A - Service Routes: Detailed list of approved shipping routes and destinations
2. Schedule B - Rate Card: Comprehensive pricing structure including base rates and additional charges
3. Schedule C - Service Levels: Detailed service performance standards and metrics
4. Schedule D - Insurance Requirements: Specific insurance types and coverage amounts required
5. Schedule E - Operating Procedures: Detailed operational procedures and requirements
6. Appendix 1 - Contact Details: List of key contacts and escalation matrix
7. Appendix 2 - Documentation Requirements: Templates and requirements for shipping documentation
8. Appendix 3 - Special Handling Requirements: Specific procedures for special cargo types
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