Shipping & Delivery Policy Governing Law: England & Wales
Effective Date: 28-01-2026
1. Definitions
1.1 “Company” – Vivan Maritime Global Services Limited, responsible for shipping, logistics, and delivery of Goods.
1.2 “Customer” – Any entity contracting for the purchase and shipment of Goods.
1.3 “Goods” – Spices, agricultural products, or other commodities supplied and shipped under contract.
1.4 “Carrier” – Third-party shipping or freight provider engaged to transport Goods.
1.5 “Incoterms®” – International Commercial Terms published by the International Chamber of Commerce.
1.6 “Shipping Agreement” – The contractual arrangement covering transport, delivery, and logistics of Goods.
1.7 “Risk” – Legal and financial responsibility for Goods during transit.
1.8 “Title” – Ownership of the Goods.
1.9 “Force Majeure Event” – Circumstances beyond the Company’s control impacting delivery, including natural disasters, strikes, port congestion, or regulatory restrictions.
1.10 “UK GDPR” – United Kingdom General Data Protection Regulation, as retained and amended under UK law.
2. Introduction
Vivan Maritime Global Services Limited is committed to providing safe, timely, and compliant shipping of Goods to its B2B clients. This Shipping & Delivery Policy:
Defines responsibilities for Company and Customer
Establishes risk and title transfer points
Aligns with international logistics standards (Incoterms® 2020)
Incorporates UK GDPR and data protection obligations for shipping-related data
Provides legal clarity in England & Wales jurisdiction
This policy applies to all B2B shipments handled by the Company, whether domestic or international.
3. Scope and Applicability
3.1 B2B Transactions
This Policy applies to all commercial shipments conducted between the Company and its corporate clients.
3.2 Exclusions
Consumer shipments are not governed by this Policy
Shipments arranged outside the Company’s logistics network must comply with this Policy only if formally incorporated
3.3 Contractual Incorporation
This Policy is incorporated by reference into all shipping agreements, quotations, and contracts, unless expressly amended in writing.
4. Shipping Obligations of the Company
4.1 Carrier Engagement
The Company selects carriers based on reliability, compliance, and insurance coverage. Approved carriers are listed in Schedule A.
4.2 Timely Dispatch
The Company shall dispatch Goods within the timeframe specified in the contract, subject to availability and Force Majeure.
4.3 Documentation
The Company shall provide all necessary shipping documents, including:
Commercial invoices
Packing lists
Certificates of origin
Customs documentation
4.4 Compliance
All shipments comply with:
UK export regulations
Import requirements of destination countries
International trade compliance, including customs and sanitary standards
4.5 Packaging Responsibility
Goods are packaged to ensure safe transport in accordance with Schedule D. Special packaging requests must be agreed in writing.
5. Responsibilities of the Customer
5.1 Delivery Instructions
The Customer must provide accurate shipping instructions, addresses, and contact details.
5.2 Customs & Import Compliance
The Customer is responsible for:
Payment of customs duties and taxes
Compliance with local import regulations
Provision of necessary import licenses
5.3 Acceptance of Goods
The Customer must inspect Goods upon delivery and report any discrepancies promptly, in accordance with Section 14.
5.4 Access & Infrastructure
The Customer shall ensure access for delivery and unloading at designated locations.
6. Risk and Title Transfer
6.1 Risk Transfer
Risk passes according to the Incoterm selected in the contract (Schedule B). Examples:
EXW: Risk passes at Company premises
FOB: Risk passes upon loading on vessel
CIF: Risk passes once Goods are loaded, insurance covered by Company
6.2 Title Transfer
Ownership passes only when full payment is received unless otherwise agreed.
6.3 Insurance Obligations
Customer is encouraged to obtain insurance if risk passes prior to delivery
Company provides insurance coverage where stipulated in contract or Schedule C
7. Delivery Terms and Incoterms®
7.1 Standard Terms
Delivery terms are set out per contract and comply with Incoterms® 2020.
7.2 Delivery Windows
Estimated delivery windows are indicative, not guaranteed
The Company is not liable for delays caused by carriers or Force Majeure
7.3 Partial Deliveries
The Company may deliver in installments
Each installment treated as a separate delivery for risk and title purposes
7.4 Uncollected Goods
Goods not accepted or collected will be stored at Customer’s risk and expense after notification.
8. Shipment Tracking and Notifications
8.1 Tracking
The Company provides tracking information for shipments via carrier portals or internal systems.
8.2 Notifications
Customers receive updates on dispatch, transit, and delivery
Delays or exceptions are communicated as soon as reasonably possible
8.3 Dispute Escalation
Shipment discrepancies must be reported within 48 hours of delivery.
9. Customs, Duties, and Taxes
9.1 Export Compliance
All Goods shipped comply with UK export regulations and documentation requirements.
9.2 Import Duties
The Customer is responsible for payment of any customs duties, taxes, or fees at destination.
9.3 Documentation Accuracy
The Company will use reasonable care to provide accurate shipping documentation. Liability is limited to errors caused by negligence.
9.4 Regulatory Changes
The Company is not responsible for delays or costs arising from changes in customs or trade regulations.
10. Insurance
10.1 Insurance Coverage
Company may insure shipments as per contract terms
Coverage includes loss or damage during transit
10.2 Customer Insurance
Customers may purchase additional insurance
Responsibility for uninsured loss rests with Customer once risk passes
10.3 Claims Procedure
Notify Company and Carrier immediately upon damage or loss
Submit claim with evidence (photos, delivery notes)
11. Packaging and Labelling
11.1 Packaging Standards
Goods packaged in accordance with export regulations and transport safety standards
Special packaging requests require prior written agreement
11.2 Labelling Requirements
Includes contents, weight, origin, handling instructions
Compliance with destination country regulations
12. Force Majeure
12.1 Definition
Force Majeure includes events beyond reasonable control affecting shipment.
12.2 Effect on Obligations
Company may suspend shipment obligations
Delivery dates extended proportionally
12.3 Termination Option
Contracts affected by Force Majeure for >90 days may be terminated by either party without liability
13. Delays and Exceptions
Company is not liable for delays due to carriers, customs, strikes, or Force Majeure
Estimated delivery dates are indicative only
14. Inspection and Acceptance of Goods
Customer must inspect immediately upon delivery
Discrepancies or damage must be reported within 48 hours
Acceptance deemed if no notification is received
15. Returns for Damaged or Non-Conforming Goods
Company may replace or credit non-conforming Goods
No returns accepted for Goods compliant with contract and specifications
Liability limited to invoiced value
16. Liability and Indemnification
Liability limited to invoiced value of Goods
No indirect, consequential, or loss-of-profit claims
Customer indemnifies Company against misuse of Goods or breach of import regulations
17. Data Protection and UK GDPR Compliance
Shipping data processed only for delivery, compliance, and operational purposes
Customer and third-party data protected under UK GDPR
Data sharing with carriers governed by processor agreements (Schedule E)
18. Confidentiality
Confidential shipment details must not be disclosed
Survives termination for 5 years
19. Termination of Shipping Agreements
Termination for breach or prolonged Force Majeure
Outstanding invoices and risk obligations survive termination
20. Governing Law and Jurisdiction
England & Wales law applies
Courts of England & Wales have exclusive jurisdiction
21. Dispute Resolution
Negotiation and mediation prior to litigation
Litigation only in England & Wales courts
22. Amendments
Company may amend policy with notice
Continued use indicates acceptance
23. Schedules
Schedule A: Approved Carriers and Logistics Partners
List of vetted carriers
Contact and tracking procedures
Insurance and compliance obligations
Schedule B: Incoterms® Mapping for Risk Transfer
EXW, FOB, CIF, DDP examples
Risk and title transfer points
Schedule C: Insurance Coverage and Claim Procedures
Coverage limits
Claim notification requirements
Documentation required
Schedule D: Packaging and Labelling Standards
Standard packaging specifications
Hazard and handling labels
Destination-specific regulations
Schedule E: Data Protection in Shipping
Data collected: recipient, customs, delivery contacts
GDPR compliance and processor contracts
Retention and secure disposal