SEAPRIORITY goGeneral terms and conditions
October 2023
Terms and conditions might be subject to local laws and regulations.
Merchant may in respect of “Eligible Shipments” (as defined below) request at the time of booking SEAPRIORITY
go service subject to these general terms and conditions (the “SEAPRIORITY go Terms”) and the payment of apremium per unit. If Merchant selects the SEAPRIORITY go service at time of booking, the SEAPRIORITY go Terms
will form an integral part of the contract of carriage booking and the Carrier will provide the Merchant withpriority access to equipment at origin and priority loading of Goods on the specified vessel and voyage as per
booking confirmation ahead of merchants who have not opted for this priority service.
If Carrier fails to give priority to Goods booked under SEAPRIORITY go Terms on the specified vessel and voyage
as per booking confirmation, Carrier will, subject to the SEAPRIORITY go Terms set out herein, refund 100% ofthe SEAPRIORITY go premium. The Merchant is reminded that the Carrier does not undertake that the Goods
shall arrive at the Port of Discharge or Place of Delivery at any particular time or to meet any particular marketor use.
For all bookings made whether online or otherwise, actual provision of carriage is subject to final acceptance by
the Carrier and availability of equipment or vessels as well as the Carrier’s Bill of Lading terms and conditions(which shall mean those terms and conditions available on your carrier’s website] (the “Bill of Lading Terms andConditions”) which shall always apply in addition to any other applicable terms and conditions specified by theCarrier.
By accepting the SEAPRIORITY go Terms, you acknowledge to having read, accepted in full, and agree to be boundby the Bill of Lading Terms and Conditions in the capacity as “Merchant” as that term is defined therein. Unlesswhere the context requires otherwise, capitalized terms in the SEAPRIORITY go Terms shall have the same
meaning as in the Bill of Lading Terms and Conditions.
SCOPE OF THE SERVICE AND ELIGIBLE SHIPMENTS
Merchant agrees to pay a lumpsum SEAPRIORITY go premium per unit in order to be eligible for the service(“SEAPRIORITY go Premium”). The SEAPRIORITY go Premium is determined by reference to the period of sailingand the trade concerned (POL/POD) (details available online or upon request to the usual Carrier’s
representative).
Carrier will give priority to “Eligible Shipments” (defined below) in respect of which SEAPRIORITY go has beenrequested by the Merchant ahead of merchants who have not opted for this service on vessels operated by theCarrier or by any other carrier with whom the Carrier has a vessel sharing agreement calling at the port of loading
within the estimated loading window chosen by the Merchant at the time of the booking.
To be eligible for SEAPRIORITY go, the following conditions must be fully met by the Merchant (“EligibleShipments”):-Merchant must specify at time of booking that it is selecting SEAPRIORITY go and make a booking atleast seven (7) days before date of empty container release at depot;
Merchant ensures that the Goods and all required documentation are received at the port of loading
before the vessel cut-off indicated in the booking confirmation and all Goods are cleared by origin

-regulatory authorities, customs or vessel operators for loading on the specific vessel and voyage as per
booking confirmation;
The combination Port of Loading / Port of Discharge must be within a trade serviced by SEAPRIORITY go

By default, SEAPRIORITY go is not eligible to the following cargo:oooo

Out of gauge cargo
Hazardous cargo
Temperature controlled cargo or cargo of any description carried in a reefer except for somecountries, list of countries eligible available upon request to the Carrier.
Cargo requiring special equipment and/or special condition (containers grade A).

However, the Carrier reserves the right to accept exceptional requests for Out of Gauge, Hazardous orTemperature controlled cargo subject to its capacities and technical constraints to accept such cargo under
SEAPRIORITY go.
The priority given to the “eligible shipment” is executed per Bill of Lading. Hence the SEAPRIORITY go service
can’t be purchased and performed only for a part of the “Eligible shipment”. Within a Bill of Lading containing
several containers, the Seapriority GO must be performed and invoiced for all containers being eligible toSEAPRORITY go as per mentioned in these terms.
REFUNDS
If the Merchant has satisfied all the conditions for Eligible Shipments and the Carrier fails to give priority to aSEAPRIORITY go Eligible Shipment ahead of another merchant who has not opted for the SEAPRIORITY go service,the Carrier will either refund any SEAPRIORITY go Premium received or cancel the SEAPRIORITY go charge in thebooking, unless the Carrier undertakes to load the Merchandise on the next available vessel in case of a blanksailing, omission or misconnection (delay on the first leg). In that case, the priority is only given for a vessel
deployed on the same service and carrier as per mentioned in the booking confirmation.
CANCELLATION AND CANCELLATION FEE
For all shipments booked with a SEAPRIORITY go service, the Merchant won’t be able to cancel the service assoon as he has already benefited from one of the service features. If the Merchant has already pick-up hiscontainer or loaded his container on the first vessel, the service will be invoiced and must be paid.
For some trades, a cancellation fee will be applied if the Merchant cancels SEAPRIORITY go service later than thenotice period of 7 (seven) days before ETD vessel. The fee will be invoiced to the Merchant and the SEAPRIORITY
go Premium will be cancelled accordingly.
The cancellation fee is determined by reference to the period of sailing and the trade concerned (POL/POD)(details available upon request to the usual Carrier’s representative).
PAYMENT TERMS
Unless stated otherwise by the Carrier at the time when a SEAPRIORITY go request is made, the SEAPRIORITY go
Premium is due and payable together with the Freight in the currency specified in the invoice. Any fees payable
by the Merchant pursuant to the SEAPRIORITY go Terms may be invoiced separately and shall be due and payablein accordance with the payment terms mentioned in the invoice. If the Merchant fails to pay any amount whendue, interest shall be payable thereon at a rate equal to three times the legal interest rate applicable in France
together with a fixed-rate charge of 40 (forty) Euro per invoice.
LIMITATION OF LIABILITY
THE MERCHANT’S SOLE REMEDY FOR ANY BREACH BY THE CARRIER OF THE SEAPRIORITY GO TERMS SHALL BETHE REFUND OF ANY SEAPRIORITY GO PREMIUM OR THE CANCELLATION OF THE SEAPRIORITY GO CHARGE INTHE BOOKING CONFIRMATION. IN NO EVENT WILL THE CARRIER, CMA CGM, CMA CGM’S AFFILIATES AND/ORAGENTS BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS AND/OR DAMAGE (INCLUDING, BUT NOTLIMITED TO ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR CLAIMS FOR LOSS OFPROFITS EVEN IF CARRIER IS ADVISED OF THE POSSIBILITY OF SAME) ARISING OUT OF OR IN ANY WAY,CONNECTED WITH THE USE OF THE SEAPRIORITY GO SERVICE AND/OR ANY PERFORMANCE OR FAILURE TOPERFORM ANY SEAPRIORITY GO SERVICE IRRESPECTIVE OF WHETHER ANY CLAIM IS MADE IN CONTRACT, TORTOR OTHERWISE AS PERMITTED BY LAW, EVEN IF CMA CGM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHLOSS AND/OR DAMAGES.
APPLICABLE LAW
The SEAPRIORITY go service forms an integral part of the contract of carriage booking and the law applicable tothese SEAPRIORITY go terms shall accordingly be the law stated to apply in the relevant carrier’s bill of ladingterms and conditions unless stated otherwise in the contract of carriage booking confirmation.
JURISDICTION
All claims and actions between the Carrier and the Merchant in connection with or arising out of SEAPRIORITY
go Terms shall be brought before the court or tribunal having jurisdiction pursuant to the Carrier’s Bill of Lading
Terms and Conditions unless stated otherwise in the contract of carriage booking confirmation. No other courtor tribunal shall have jurisdiction with regards to any such claim or action.
Notwithstanding the above, the Carrier is also entitled to bring the claim or action before the court or tribunalof the place where the defendant has its registered office.
MODIFICATION
Carrier reserves the right to modify the above terms and conditions without prior notice.