Terms of Service

Cargo / Goods — any merchandise, equipment, samples or documents tendered to us for sourcing, consolidation, storage, transport, customs clearance or delivery.

Lane — a defined origin/destination pair (e.g. Guangzhou-Nansha → Matadi).

Quotation — the price indication we provide for Air Express, Air Cargo or Sea freight, expressed per kilogram (kg) or cubic metre (CBM/m³).

Chargeable Weight — for air freight, the greater of the actual gross weight and the volumetric weight calculated as (L × W × H in cm) ÷ 6000. For sea freight, the greater of declared volume in m³ and the calculated volume (L × W × H in cm) ÷ 1,000,000.

Incoterms — the Incoterms® 2020 rules published by the International Chamber of Commerce.

ML & SON offers a multi-service China–Africa trade desk, including but not limited to:

• Supplier sourcing, verification and factory audits across Guangdong, Zhejiang, Jiangsu, Shanghai, Tianjin and Yiwu.
• Purchase coordination, contract negotiation and quality control (pre-shipment inspections, container loading supervision).
• Consolidation, warehousing and labelling at our Guangzhou facility.
• Air Express, Air Cargo and FCL/LCL Sea freight from Shanghai-Yangshan, Ningbo-Zhoushan, Tianjin, Guangzhou-Nansha / Huangpu and Shenzhen-Shekou / Yantian to Matadi, Kinshasa, Luanda, Pointe-Noire, Cotonou, Douala, Dar es Salaam and Mombasa.
• Export customs clearance in China and assistance with import clearance, taxes and last-mile delivery in destination countries.
• Project logistics, market-entry consulting and PPE / engineering procurement for African SMEs and institutions.

We act as a freight forwarder and trading agent. Unless explicitly stated in writing, we are not a contractual carrier and do not operate vessels, aircraft or trucks.

All quotations are provided in good faith based on current carrier tariffs, fuel surcharges, foreign exchange rates and destination charges at the time of issuance. Unless stated otherwise, quotations are:

• Valid for fifteen (15) calendar days from the date of issue.
• Expressed in United States Dollars (USD); GBP and EUR amounts shown on our website are indicative conversions only.
• Exclusive of import duties, VAT, demurrage, detention, storage beyond free time, inspection fees, fumigation, dangerous-goods surcharges and any charges imposed by destination authorities.
• Subject to revision in case of significant changes in carrier rates, fuel costs, exchange rates, security surcharges, or changes in the nature, weight, dimensions or value of the cargo.

Our instant online calculator provides an estimate only and does not constitute a binding offer until confirmed in writing by our team.

Bookings are confirmed only after we issue a written booking confirmation or proforma invoice and the agreed deposit (typically 50% for sourcing and 100% for freight-only bookings) is received in our designated bank account.

Payment terms:

• Freight charges are payable in advance, before departure, unless a written credit agreement exists.
• Bank charges on incoming wire transfers are borne by the Client.
• Late payments accrue interest at 1.5% per month (or the maximum permitted by law, if lower) from the due date until full settlement.
• We reserve a contractual lien on all goods, documents and funds in our possession to secure payment of any sum owed by the Client.

The Client warrants that:

• It is the lawful owner of the goods or duly authorised by the owner.
• All information provided (commercial invoice, packing list, HS code, weight, dimensions, value, country of origin, end-use) is true, complete and accurate.
• The goods are properly packed, marked and labelled to withstand the ordinary risks of international transport.
• The goods are not prohibited or restricted for export from China or for import into the destination country.

The Client shall indemnify ML & SON against all fines, penalties, claims, delays and costs arising from inaccurate declarations, mis-description or non-compliance.

We do not handle, and the Client undertakes not to tender, any of the following without prior written agreement and the appropriate licences:

• Weapons, ammunition, explosives, military equipment.
• Narcotics, psychotropic substances and precursor chemicals.
• Currency, bearer instruments, precious metals and gemstones.
• Counterfeit, pirated or trademark-infringing goods.
• Endangered species (CITES) and ivory.
• Human or animal remains, biological samples and infectious substances.
• Class 1 and Class 7 dangerous goods (explosives, radioactive material).
• Any item prohibited by Chinese export law, by IATA/IMDG regulations, or by the destination country's import regulations.

Transit times communicated by ML & SON (e.g. "Air Express 3–5 days", "Sea 30–40 days") are good-faith estimates based on standard carrier schedules. They are not guaranteed and exclude weekends, public holidays in China and the destination country, customs clearance delays, port congestion, security inspections, weather events and force majeure.

Risk of loss or damage transfers in accordance with the Incoterms® 2020 rule agreed for each shipment. Unless otherwise specified, sea consolidations are shipped under CFR/CIF terms and air consignments under CPT/CIP terms.

Cargo is not insured by default. ML & SON strongly recommends that Clients purchase All-Risks marine or air cargo insurance for the full CIF value of the goods. Upon written request and against an additional premium, we can arrange insurance through our partner underwriters. Our liability for cargo loss or damage, in the absence of insurance, is limited as set out in Section 9.

Except in cases of gross negligence or wilful misconduct proven against ML & SON, our aggregate liability for any claim arising out of or in connection with the Services is limited to the lower of:

• The invoiced freight charges for the shipment giving rise to the claim; or
• US$ 2.00 per kilogram of gross weight of the affected cargo for air freight;
• 2 Special Drawing Rights (SDR) per kilogram, or 666.67 SDR per package, whichever is higher, for sea freight (in line with the Hague-Visby Rules).

In no event shall ML & SON be liable for indirect, consequential, incidental, punitive or special damages, including loss of profit, loss of market, loss of business opportunity or reputational harm, even if advised of the possibility of such damages.

All claims must be notified in writing within seven (7) days of delivery (or expected delivery) and supported by photographs, the carrier's delivery note and the commercial invoice. Failure to notify within this period constitutes a waiver of the claim.

The Client is the importer of record at destination and remains solely responsible for import duties, VAT, excise, port charges, demurrage and any regulatory compliance (SGS, BIVAC, INTERTEK pre-shipment inspections, ANCE/OCC certificates, etc.). ML & SON can assist with documentation and clearance through licensed local partners, but is not liable for assessments or penalties imposed by destination authorities.

Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including but not limited to acts of war, civil unrest, terrorism, pandemics, government action, port strikes, customs strikes, sanctions, blockades, piracy, severe weather, earthquakes, fires and disruptions to the international supply chain.

All website content, logos, photographs, rate calculators, lane data and documentation provided by ML & SON remain our exclusive property and may not be reproduced without written consent. Each party shall keep confidential any commercial information shared in the course of the engagement (pricing, supplier identities, client lists) and use it only for the purpose of performing the Services.

Both parties undertake to comply with all applicable anti-bribery, anti-corruption and international sanctions laws, including Chinese law, the UK Bribery Act, the US Foreign Corrupt Practices Act, EU and UN sanctions regimes. ML & SON will refuse any transaction involving sanctioned persons, sanctioned vessels or sanctioned destinations.

Either party may terminate an ongoing engagement with seven (7) days' written notice. ML & SON may suspend or terminate services immediately, without liability, if the Client breaches these Terms, becomes insolvent, fails to pay an undisputed invoice within fifteen (15) days of the due date, or tenders prohibited goods.

These Terms are governed by the laws of the People's Republic of China, without regard to conflict-of-law principles. Any dispute arising out of or in connection with these Terms shall be submitted first to good-faith negotiation between senior representatives of both parties. Failing amicable resolution within thirty (30) days, the dispute shall be finally settled by arbitration under the rules of the China International Economic and Trade Arbitration Commission (CIETAC), Guangzhou sub-commission, by one or three arbitrators appointed in accordance with said rules. The seat of arbitration shall be Guangzhou and the language English (or Chinese, at the Client's option).

ML & SON may update these Terms from time to time. The version in force at the date of booking confirmation applies to that engagement. The current version is always published at www.gmlandson.com/terms.

Questions regarding these Terms should be addressed to:

GUANGZHOU ML AND SON TRADING CO. LIMITED
Baiyun District, Guangzhou, People's Republic of China
Email: contact@gmlandson.com
Phone (China): +86 20 3397 9019
Phone (Kinshasa): +243 829 103 771
Web: www.gmlandson.com