Electronic (Paperless) Trading - Electronic Trading Systems - Update to TradeLens Terms and Conditions

Members are referred to Circular 2021/008 dated 27^th April 2021 through which Members were advised that use of the TradeLens eBL system had been approved by the International Group of P&I Clubs.

Version dated 24 February 2021 – Previously Approved

The International Group has previously approved TradeLens’ RuleBook and Service Description version 24 February 2021.  These versions continue to be approved.

Version dated September 2022 – Approved

This Circular confirms approval by the International Group of updated versions of TradeLens’ RuleBook and Service Description. These versions are dated September 2022 and supersede the previous versions dated 24 February 2021 (which will, as set out above, remain approved for the purposes of Club cover). The versions dated September 2022 will come into effect as of Friday 30 September 2022.

Changes in TradeLens versions dated September 2022

The following changes have been made to the TradeLens RuleBook and Service Description:

TradeLens RuleBook

• Minor change of wording in 7.4 and 8.3 referencing issuance of the paper bill and transfer to paper respectively;
• Note 8.6 – revision of wording relating to the exclusion of the Contracts (Rights of Third Parties) Act of 1999 now extends to cover ‘….any similar legislation or rule of law applicable (or potentially applicable) under the law governing any TradeLens eBL….”.

Service Description

• Cloud Service (1) – Note there is now a definition of TradeLens eBL
• Offerings now includes Single Transfer (1.1.1), Multiple Transfer sections (1.1.2), as well as Acceleration Services (1.2)
• Amendments to Charge Metrics (4.1)
• Overriding Terms – Note new section covering Termination (6.3)

Other exclusions of cover under Group Club Rules continue to apply

Members are reminded that although use of the TradeLens eBL system is approved, other exclusions of cover under Group Club Rules relating to the carriage of cargo will, of course, continue to apply in the same way as for paper systems.

These exclusions include a) discharge at a port or place other than the port or place provided for in the contract of carriage, b) the issue / creation of an ante or post-dated electronic document / record, and c) the delivery of cargo without the production of the negotiable electronic document / record, which, in the case of an approved electronic trading system, will mean delivery of cargo other than in accordance with the rules of that trading system.

All clubs in the International Group have issued a similar Circular.

ADRIAN DURKIN
DIRECTOR (CLAIMS)
The North of England P&I Association Limited / North of England P&I DAC

CIRCULAR REF: 2022/027