1. Agreement to These Terms
These Terms of Service govern the relationship between you and SHINE HARVEST CORPORATION LIMITED when you use our website or engage our pier logistics and cargo documentation services. By accessing our website, submitting an enquiry, booking a berth or instructing us to coordinate a movement, you agree to be bound by these terms. If you do not agree, please do not use our website or services.
These terms apply together with any written service agreement, quotation or booking confirmation that we issue for a specific engagement. Where a signed agreement conflicts with these terms, the signed agreement takes priority for that engagement to the extent of the conflict.
You confirm that you have authority to accept these terms on behalf of any company or organisation you represent. If you do not have that authority, you must not instruct us, and any instruction you give may be treated as unauthorised and declined.
2. About the Company
SHINE HARVEST CORPORATION LIMITED is a Hong Kong company that coordinates bulk cargo movements, pier logistics and documentation for traders. Our operating address is 14/F Chun Wo Commercial Centre, 25 Wing Wo St, Central, Hong Kong (HK). Our pier desk may be reached by email at support@shineharvest.mom and by telephone at +85259968718.
We operate a working pier desk model. Our coordinators stand between the trader on shore and the vessel at the quay, and we keep one ledger for every movement. The services described in these terms are the services we are equipped to provide, and any work outside that scope must be agreed in writing before it begins.
These terms are issued in the English language. All communications, notices, documentation and dispute proceedings connected with these terms will be conducted in English unless we agree otherwise in writing for a particular matter.
3. Services We Provide
We provide six core services. The first is pier logistics coordination, which covers berth reservation, line handling arrangements, deck sequencing and on site supervision of a discharge. The second is our cargo documentation desk, which prepares and reconciles manifests, tally sheets, discharge receipts and pier passes.
The third service is bulk transfer supervision, in which our supervisors watch the grab, the hopper and the conveyor through a transfer and record cycle counts against the manifest. The fourth service is vessel scheduling support, which builds a plan that reconciles tide, berth and crane availability and rebuilds that plan when conditions change.
The fifth service is bonded warehouse liaison, which arranges transfer dockets, supervises sealed movements and confirms receiving counts for cargo held under bond. The sixth service is trade compliance filing, which prepares and lodges trade declarations, permits and origin papers, with classification and valuation checked before submission.
We may decline any instruction that falls outside our competence, that would require us to act unlawfully or that would place our staff or equipment at unreasonable risk. Where we decline, we will explain our reason as far as we properly can.
4. Eligibility and Account Responsibility
Our services are offered to businesses and to persons who are at least eighteen years of age and who can enter into binding contracts. By engaging us, you confirm that you meet these conditions and that the information you provide to us is accurate and current.
Where we issue access credentials for a portal or a reporting tool, you are responsible for keeping those credentials confidential. You must tell us promptly if you believe a credential has been compromised, and you remain responsible for activity carried out under your credentials until you notify us.
You are responsible for ensuring that the persons you nominate to deal with us are authorised to give instructions about a cargo. We are entitled to rely on an instruction that appears to come from a nominated person, and we will not be liable for acting on such an instruction unless we had clear reason to doubt it.
5. Berth Bookings and Instructions
A berth booking is confirmed only when we issue a written confirmation that names the vessel, the window and the pier. An enquiry, a request for a quotation or a provisional plan does not create a booking, and we may hold a provisional slot only for the period stated in our reply.
Instructions for a movement should be given in writing and should include the cargo description, the quantity, the packing, the intended window, the discharging pier and the receiving party. Where an urgent instruction is given by telephone, we may act on it and we may ask you to confirm it in writing afterwards.
You must not instruct us to handle cargo that is prohibited, dangerous or restricted unless you have first disclosed the nature of the cargo and we have confirmed in writing that we can accept it. If such cargo arrives undisclosed, we may stop work, isolate the cargo and recover our reasonable costs from you.
Once a booking is confirmed, you may request a change. We will accommodate a change where we reasonably can, bearing in mind other bookings, tide and weather. A change that causes us to incur additional cost may attract an additional charge, which we will tell you about before we proceed.
6. Client Duties and Cargo Accuracy
You are responsible for the accuracy and completeness of the information you give us. This includes cargo descriptions, quantities, weights, hazard classifications, marks and numbers, consignee details and any special handling requirements. Inaccurate information can delay a discharge, endanger staff and expose both parties to legal risk.
You must ensure that your cargo is lawfully in your possession or lawfully consigned, that it is properly packed for the intended handling, and that any required permits are in place before the movement begins. We coordinate and document, but we do not take ownership of your cargo and we do not cure a defect in your legal position.
You must respond promptly to requests for clarification. Where our desk cannot resolve a discrepancy because we are awaiting information from you, we may pause the affected operation. We will not be liable for a delay that results from your failure to provide information within a reasonable time.
You agree not to misrepresent the weight, value or nature of a cargo in order to obtain a lower charge or to avoid a permit. Where we discover a misrepresentation, we may adjust our charge, suspend the service and report the matter where the law requires us to do so.
7. Fees, Invoicing and Payment
Our fees are set out in the quotation or booking confirmation for each engagement. Unless we agree otherwise in writing, fees are quoted in Hong Kong dollars and exclude any taxes, duties, port charges, third party charges and disbursements that may apply to the movement.
We invoice in accordance with the terms stated in the quotation. Where no payment term is stated, invoices are payable within thirty days of the invoice date. We may require an advance payment for a new client or for an engagement that involves significant third party costs.
Where an invoice remains unpaid after its due date, we may charge interest on the outstanding amount at a reasonable commercial rate. We may also suspend further work, release cargo only against cleared payment where we are entitled to do so, and recover reasonable costs of collection.
You are responsible for any bank charges, currency conversion costs or transfer fees associated with a payment. Where you dispute an invoice, you must tell us in writing within the period stated on the invoice, and you must still pay the undisputed portion on time.
8. Scheduling, Weather and Tide
Pier work is subject to conditions that no company can control. Tide, wind, swell, visibility, port notices and vessel movements all influence whether a discharge can proceed. Our scheduler builds a plan that respects those conditions, but we cannot guarantee that a plan will be achieved in every case.
Where conditions change, we will notify you as soon as we reasonably can and we will propose an alternative. A delay caused by weather, tide, a port authority decision or another party is not a breach of these terms, and any affected deadline will be extended by the period of the delay.
You acknowledge that a berth window is a perishable resource. If a vessel misses its window for a reason within your control, we may need to rebook it, and the rebooking may be subject to the availability of a later slot and to any charge the operator imposes.
We keep a tide gauge at the pier and we use it, together with official forecasts, to advise on safe working. If we consider that a movement would be unsafe, we may stop work. The decision to stop for safety rests with our supervising coordinator.
9. Bulk Transfer Supervision
Bulk transfer supervision is a service of observation, counting and record keeping. Our supervisor watches the transfer, records cycle counts, checks for spillage and moisture and confirms the tallies that we report to you. Supervision does not transfer ownership, risk or legal responsibility for the cargo to us.
Where we report a tally, that tally reflects the count and the observations made by our supervisor at the time of the transfer. We do not guarantee that a tally will match a figure produced by another method, such as a draft survey or a weighbridge reading, and a difference between methods is not by itself evidence of loss.
If our supervisor identifies a discrepancy, we will log it, notify the parties present and pause the transfer where it is safe and practical to do so. Resolving the discrepancy may require a joint inspection or a further survey, and we will cooperate with that process without accepting liability for the underlying cause.
You agree to give our supervisor safe access to the working area and to ensure that your personnel follow the safety instructions given at the pier. A supervisor may refuse to continue where access or safety conditions are not met.
10. Cargo Documentation and Compliance
Our cargo documentation desk prepares and reconciles the documents that accompany a movement. This can include manifests, tally sheets, discharge receipts, delivery notes and pier passes. We prepare these documents on the basis of the information you provide and of our own observations at the pier.
Our trade compliance filing service prepares and lodges the declarations, permits and origin papers that a trader requires. We check classification and valuation before submission, but we rely on the accuracy of the information you give us. A filing cannot correct a misstatement in the underlying data.
Where a filing is rejected or delayed by an authority, we will work with you to address the issue and to resubmit where appropriate. We do not guarantee the outcome of a filing, and we are not liable for a decision made by an authority in the exercise of its powers.
You must retain your own copies of the documents that we prepare for you. We keep records for the period required by law and our internal policy, but we are not an archive service, and you should not rely on us as the sole custodian of a document that matters to your business.
11. Bonded Cargo and Warehousing
Where cargo is to be held under bond, we act as the link between the pier and the licensed warehouse. We arrange transfer dockets, supervise the sealed movement and confirm that the receiving warehouse reports the quantity that the pier discharged. We do not act as the warehouse operator and we do not control the warehouse premises.
You remain responsible for the duty status of your cargo and for complying with the conditions that attach to bonded storage. Where a duty becomes payable or a bond condition is breached, the responsibility rests with the party that holds the bond, unless we have separately agreed in writing to assume a specific duty.
Where a sealed movement is required, you must not break the seal without our knowledge and the knowledge of the warehouse. A broken seal may invalidate a claim and may trigger a further inspection, and we will report a break in the seal to you and to the warehouse as soon as we learn of it.
12. Third Party Partners
We rely on third party partners to deliver a movement. These may include vessel operators, terminal staff, line handlers, surveyors, hauliers, warehouse operators, customs brokers and information technology providers. We select these partners with care, but we do not control them and we do not guarantee their performance.
Where a partner acts independently, that partner is responsible for its own acts and omissions. We are not liable for a loss caused solely by a partner that you have engaged directly, and we are not liable for a loss caused by a partner that we engaged on your behalf where we exercised reasonable care in the selection.
Where a third party charge is payable for your movement, we may pay it on your behalf and recharge it to you. A disbursement of this kind is passed on at cost unless our quotation states otherwise. You must reimburse a disbursement that we have properly incurred on your instruction.
13. Cargo Title and Risk
We do not take title to your cargo at any point. Ownership remains with you or with the party that holds it under your commercial arrangements. Our role is to coordinate, supervise and document, and nothing in these terms transfers ownership to SHINE HARVEST CORPORATION LIMITED.
Risk in the cargo remains with you unless a separate agreement states otherwise. We do not provide insurance for your cargo, and we strongly recommend that you arrange your own marine cargo cover for the full value of the goods and for the whole route, including the pier transfer.
Where we take physical custody of a document, a sample or a small item for a defined purpose, we will handle it with reasonable care. That limited custody does not amount to a bailment of the cargo, and it does not increase our liability beyond the limits set out in these terms.
14. Limitation of Liability
To the fullest extent permitted by law, SHINE HARVEST CORPORATION LIMITED is not liable for indirect, incidental, special or consequential loss, including loss of profit, loss of business, loss of opportunity or loss of goodwill, however that loss arises and whether or not we were advised of the possibility of it.
Our total liability arising out of or in connection with an engagement is limited to the fees that we charged for the service that gave rise to the claim, or to the amount recoverable under any insurance that we hold for the matter, whichever is greater. This limit applies to all claims taken together, whether they arise in contract, in tort or otherwise.
We are not liable for a loss that results from inaccurate information that you provided, from a default by you, from an act of a third party, from a force majeure event or from a decision made by a port or government authority. We are also not liable for a loss that you could reasonably have prevented by arranging your own insurance.
Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by our negligence where the law does not permit exclusion.
15. Indemnity
You agree to indemnify SHINE HARVEST CORPORATION LIMITED and its officers, employees and agents against any claim, loss, damage, cost or expense that arises from your breach of these terms, from inaccurate or incomplete information that you provided, or from your failure to hold the permits and authorisations required for your cargo.
You also agree to indemnify us against a claim brought by a third party, including a carrier, a warehouse or an authority, that arises from your cargo or from your instructions. This indemnity extends to reasonable legal costs that we incur in defending or resolving such a claim.
Our entitlement to indemnity survives the end of an engagement and the end of these terms. Where a claim is made against us, we will notify you promptly and we will take reasonable steps to mitigate the loss, but we will not settle a claim that affects you without giving you an opportunity to be heard.
16. Suspension and Termination
We may suspend or terminate a service where you breach these terms, where an invoice remains unpaid, where we reasonably believe that continuing would be unlawful or unsafe, or where a third party partner withdraws from the movement. Where it is practical to do so, we will give you notice and an opportunity to remedy the issue.
You may terminate an engagement by giving us written notice. A termination does not release you from a payment obligation that has already arisen, and it does not entitle you to a refund of a cost that we have properly incurred before the notice takes effect.
On termination, we will complete the record for any movement already under way, hand over the documents that belong to you and issue a final invoice for the work done. The sections on liability, indemnity, confidentiality and governing law survive termination because they are intended to do so.
17. Intellectual Property
All content on our website, including text, layout, graphics and code, is owned by or licensed to SHINE HARVEST CORPORATION LIMITED and is protected by applicable intellectual property law. You may view and print pages for your own business use, but you may not copy, republish or distribute our content for commercial purposes without our written permission.
Our company name, our pier desk marks and the visual identity of this website are our property. You may refer to us by name in a truthful and non-misleading way, for example in a list of service providers, but you may not use our marks in a manner that suggests endorsement or partnership without our consent.
Where you send us feedback, a suggestion or an idea, you grant us a non-exclusive right to use it to improve our services. We will not publish your name in connection with the feedback without your permission, and we will not treat the feedback as confidential unless we agree to do so in writing.
18. Confidentiality
Each party may receive confidential information from the other in the course of an engagement. Confidential information includes commercial terms, cargo details, customer lists, pricing, operational methods and any other information that a reasonable business would treat as private.
Each party agrees to use the confidential information of the other only for the purpose of the engagement and to protect it with at least the same care that it applies to its own confidential information. A party may disclose confidential information where the law requires it, where a professional adviser is bound by confidentiality, or where the other party has consented in writing.
Confidentiality does not apply to information that is already public, that a party already lawfully held, that a party develops independently, or that a party receives from a third party without a duty of confidence. This obligation continues for a reasonable period after the engagement ends.
19. Force Majeure
Neither party is liable for a failure or delay in performance caused by an event beyond that party reasonable control. Such events include severe weather, storm surge, earthquake, flood, fire, war, civil disturbance, epidemic, a government or port authority order, a labour dispute, a failure of a utility or a failure of a transport network.
A party affected by a force majeure event must notify the other party promptly and must take reasonable steps to reduce the impact. The affected obligations are suspended for the duration of the event, and the parties will discuss an alternative plan in good faith.
If a force majeure event continues for a prolonged period and makes performance impossible, either party may terminate the affected engagement by written notice. On such a termination, each party bears its own costs and we will invoice only for the work properly performed up to that point.
20. Governing Law and Disputes
These terms are governed by the laws of the Hong Kong Special Administrative Region. The parties submit to the exclusive jurisdiction of the courts of Hong Kong for the resolution of any dispute arising out of or in connection with these terms or with an engagement.
Before commencing proceedings, the parties will attempt to resolve a dispute through good faith discussion. A party wishing to raise a dispute should give the other party written notice that describes the matter, the loss claimed and the remedy sought. The parties will meet within a reasonable time to seek a resolution.
If discussion does not resolve the dispute, the parties may refer the matter to mediation before a mediator agreed between them. If mediation is unsuccessful, either party may commence proceedings in the courts of Hong Kong, and the language of the proceedings will be English.
Nothing in this section prevents a party from seeking urgent interim relief from a court where that is necessary to protect a legal right or to prevent irreparable harm.
21. Changes to These Terms
We may update these terms from time to time to reflect changes in our services, in our operations or in the law. When we make a material change, we will publish the updated terms on our website and update the date associated with them. Where a change is significant, we will draw it to your attention.
The version of these terms published on our website is the current version. For an engagement that is already under way, the terms that applied when the engagement began continue to govern that engagement unless the parties agree otherwise in writing.
If you continue to use our website or engage our services after an updated version takes effect, we will treat that as acceptance of the updated terms. If you do not agree with a change, you may contact the desk to discuss it or you may stop using our services.
22. Contact Information
If you have a question about these terms, if you wish to discuss an engagement or if you need to give us a formal notice, please contact the pier desk at SHINE HARVEST CORPORATION LIMITED. We aim to respond promptly and to deal with every matter fairly.
You can reach us by email at support@shineharvest.mom or by telephone at +85259968718. Our office is located at 14/F Chun Wo Commercial Centre, 25 Wing Wo St, Central, Hong Kong (HK). A formal notice should be sent in writing and should clearly identify the engagement to which it relates.
These Terms of Service are issued by SHINE HARVEST CORPORATION LIMITED. They reflect the standards that our developer, known as SHINE HARVEST, and our entire pier desk team apply to every cargo, on every tide, from the first berth booking to the last signed ledger board.