| Flexport Single Shipment Cargo Insurance Coverage Summary - EEA FOS | |
|---|---|
| Effective Date: To be effective on each and every Flexport shipment for which the client requests or has opted in, prior to shipment, to have their goods insured. | |
| Overview: Coverage subject to Institute Cargo Clauses "A" All-Risk cargo coverage. Insurance applies for the duration of the bill of lading to which it is attached. Excluding “on deck” shipments shipped under “on-deck” BOL: Warranted free from particular average. | |
| Insurance Company | Aviva Insurance Limited |
| Premium Payment | Premium will be billed on a per shipment basis on the Flexport Invoice, as part of the freight invoice. |
| Deductible | $0.00 Deductible, unless otherwise stated. |
| Valuation | CIF, plus 10%. (Cost, Freight, Duties and Taxes) |
| Coverage Extensions | Coverage is included for War Risk and Strikes, Riots & Civil Commotion. |
| Major Exclusions | Inherent Vice, Delay, Improper Packaging, OFAC Exclusion, Cyber Exclusion, Nuclear Exclusion, Communicable Disease Exclusion |
| Subject to review | Shipments with a total insured value exceeding $1,000,000 require approval by Flexport Insurance. To request coverage for shipments with a total insured value exceeding $1,000,000, please contact insurance@flexport.com prior to departure. Flexport reserves the right to deny coverage for any shipments valued over $1,000,000 that are not pre-approved. |
| Geographical Scope | Shipments originating and ending in the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden |
| The following Commodities are Excluded: | |
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| The following Commodities may be insured under the program, but require thorough vetting process before rates, premiums and coverage will be granted: | |
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By requesting or accepting goods or services from Flexport Insurance Solutions, LLC and/or its subsidiaries and affiliates (collectively, “FIS”), the Customer agrees to the following terms and conditions of service (“Terms and Conditions”).
Flexport Insurance Solutions may from time to time change these Terms and Conditions. Any changes are effective immediately upon publication on this website at www.flexportinsurancesolutions.com.
PLEASE READ CAREFULLY. BY COMPLETING THE ELECTRONIC REGISTRATION PROCESS, YOU (THE “CUSTOMER”) AGREE TO THESE TERMS AND CONDITIONS AS IF A SIGNED WRITTEN CONTRACT.
Insurance is offered through Flexport Insurance Solutions B.V. ("FIS EEA"), a licensed insurance producer based in the Netherlands; however, FIS EEA is authorized to undertake insurance activity throughout all European Economic Area member countries in accordance with Article 4 of the Insurance Distribution Directive (2016/97/EC). Individual shipment coverage is underwritten and issued by Aviva Insurance Limited as part of a Shipper's Interest policy 100801541CXC issued to Flexport, Inc., via the Navigators Insurance Company for term coverages, FIS EEA acts as an insurance broker and seeks quotes from multiple insurance carriers (A.M. Best rating A or higher) who underwrite and issue coverage. Term coverages can include annual policies, trade credit insurance or other offerings.
The information provided above is only a general outline of the kinds of coverages that are available. For the governing terms, definitions, limitations, and exclusions, review the certificate of insurance issued for your shipment, speak with your licensed FIS EEA insurance representative, or request a copy of the policy wording from insurancesales@flexport.com or visit www.flexportinsurancesolutions.com. Click here for all other license information.
FIS EEA provides an on-line insurance application and binding process (the “system”) to provide insurance services.
No insurance documentation confirming the insurance coverage applied for will be issued to the Customer without confirmation of payment of premium. If payment has not been confirmed, insurance will not be provided and any application for insurance made by the Customer will become null and void.
Customer is responsible for providing and maintaining a personal computer and modem and Internet services (including browser software) required for accessing and using the system. Customer will pay their service providers separately for all telecommunications and Internet service fees and charges incurred in accessing the system. FIS EEA and the Associated Parties will not be responsible for any costs incurred by the Customer for use of the system , including any costs incurred if the Customer is unable to access the system at any time due to either failure of the Customer's equipment or service or the equipment or service of FIS EEA or the Associated Parties.
FIS EEA receives from Aviva Insurance Limited (or Captive) a commission of 30% of the premium booked and confirmed by FIS EEA.
Aviva Insurance Limited and/or FIS EEA reserve the right to refuse coverage for any shipment declared through the system. FIS EEA and Aviva Insurance Limited reserve the right to refuse binding of any shipment or to refuse coverage for any Customer. FIS EEA may suspend operation of the system or may terminate this Agreement at any time without notice. Any additional costs incurred by the Customer as a result of a refusal to provide coverage will be the sole responsibility of the Customer. The Customer may discontinue use of the system at any time, but will continue to be responsible for all costs incurred prior to discontinuing use.
All insurance placements booked and confirmed through FIS EEA are subject to the terms and conditions:
Customers are responsible for reviewing the terms and conditions of the underlying Aviva Insurance Limited Policy (including any changes, whether or not posted on-line) prior to booking insurance through the system. An electronic copy of Aviva Insurance Limited Policy will be made available by request on the system of the FIS EEA website to all Customers authorized to use the system.
All inquiries with respect to insurance coverage provided through the system should be directed to FIS EEA. Changes to the coverage provided under Aviva Insurance Limited Policy may be made at any time. However, any shipment that has been booked and confirmed prior to the publication of such changes in the system will not be subject to such changes.
Insurance is only offered in those jurisdictions where FIS EEA and/or the Associated Parties are licensed to offer insurance products. In jurisdictions where FIS EEA is not licensed to act as an insurance broker, or where Aviva Insurance Limited Policy are not licensed to act as an underwriter, locally licensed parties may be used to fulfill such functions with FIS EEA acting as sub-broker and/or Aviva Insurance Limited as reinsurer as appropriate (and as set out on the “Insure a New Shipment” screen).
IMPORTANT: Authorization for the Customer to use and/or the Customer’s use of the system does not constitute the issuance of an open cargo policy on behalf of the Customer. All shipments to be covered must be declared, booked and confirmed by FIS EEA prior to shipment. Shipments not declared, booked and confirmed prior to shipment will not, under any circumstances, be considered to be covered. Any error or omission in description of the subject matter insured, destination, voyage or other information provided or omitted from the certificate of insurance which constitutes a material misrepresentation, whether made intentionally or otherwise, will render the corresponding certificate of insurance null and void.
In the event of changes in the shipping information previously declared, Customer shall give written notice to FIS EEA no later than 24 hours prior to the shipment’s departure. All material changes in shipping information render the certificate of insurance null and void, unless such changes are endorsed to the certificate of insurance. If you require assistance in completing the certificate of insurance or advice with respect to insuring any shipment, please contact FIS EEA.
a. FIS EEA shall use reasonable commercial efforts to ensure the system operates substantially in accordance with any description posted on the system. Any problems encountered by Customers when using the system must be reported to FIS EEA in writing within 15 days of the date of the problem, and prior to the commencement of shipment, whichever shall occur first. Customer will cooperate fully and provide information requested by FIS EEA that it deems necessary to verify/rectify the problem.
b. No other conditions or warranties, whether express, implied or statutory, including, but not limited to, any warranty or condition of merchantability or fitness for a particular purpose, apply to FIS EEA, its services or the system. FIS EEA and the associated parties do not warrant that FIS EEA will meet Customer's requirements or that the use and operation of the system will be uninterrupted or error-free. Customer is responsible for taking appropriate precautions against damage to its operations or other losses which could be caused by defects, interruptions, or malfunctions of the system and assumes the risk of such occurrences. FIS EEA and the associated parties do not warrant the availability, accuracy, completeness, timeliness or usefulness of any information or materials made available on or through the system.
Neither FIS EEA nor the Associated Parties will be liable to Customer or any other party for special, incidental or consequential damages, whether in contract (including fundamental breach) or tort (including negligence) arising from the operation of, or any failure or deficiency of, the system or otherwise arising from this agreement (even if advised of the possibility of such damages).
The total liability of FIS EEA and each of the Associated Parties shall be limited to (and shall not exceed) the total fees received by that party as a result of transactions conducted by Customer using the system, regardless of whether such claim is based in contract (including fundamental breach) or tort (including negligence). Customer is responsible for implementing sufficient procedures and checkpoints to ensure the accuracy of data input and output. Any errors or deficiencies, intentional or otherwise, in the description of cargo insured shall be the responsibility of the Customer.
Customer is granted a limited license to display, transmit and/or print Certificates of Insurance issued through the system. It will be considered a breach of this Agreement, and an offense under US Law (and may be an offence in other jurisdictions) for the Customer to modify Certificates of Insurance issued through the system in any way without prior written agreement from FIS EEA or Aviva Insurance Limited.
IMPORTANT: In the event of any discrepancy between a Certificate of Insurance held by the Customer and the information contained in the system database, the information contained in the system database will be deemed correct. The Customer and/or Consignee indicated on the Certificate of Insurance may request verification of any Certificate of Insurance in their possession issued by FIS EEA by faxing a copy of the Certificate of Insurance and a written request for verification to Aviva Insurance Limited, as indicated on the Certificate of Insurance. If a Certificate of Insurance is modified or replaced by agreement from Aviva Insurance Limited or FIS EEA, it will be the responsibility of the Customer to immediately notify all parties who have received original notice of the Certificate of Insurance of said change.
Except for the failure to make payments when due, neither party to this Agreement will be liable to the other by reason of failure in performance of the Agreement if the failure arises out of any cause beyond the reasonable control of that party.
a. Any Notice which is required or permitted to be given by either party to the other under this Agreement may be given by personal delivery, by certified mail or by electronic transmission properly addressed to the other's last known address.
b. Neither party will contest the validity, enforceability or admissibility of hard copy printouts of this Agreement or notices submitted pursuant to this Agreement. Copies of this Agreement, any notices submitted under this Agreement and/or records maintained in electronic form, if introduced as evidence in any judicial or administrative proceedings, will be admissible to the same extent and under the same conditions as other business records originated and maintained in written documentary form. Customer agrees that the use of Customer's user ID and password shall constitute Customer's electronic signature and shall be considered the equivalent of Customer's manual written signature.
a. Customer is solely responsible for all information or content provided to FIS EEA and the Associated Parties via the system in connection with insurance applications. Customer represents to FIS EEA and the Associated Parties that Customer has all necessary rights to use the system and to procure insurance through FIS EEA for the property identified by the Customer. If the Customer is using the system or the services of FIS EEA, on behalf of a third party, the Customer represents and warrants that it has all necessary rights to act on that party's behalf. FIS EEA and Aviva Insurance Limited reserve the right to reject for coverage or to cancel any coverage which does not comply with the requirements of this Section.
b. Customer will indemnify and hold FIS EEA and the Associated Parties harmless from any demands, claims, actions or causes of action, assessments, losses, damages, costs, expenses, judgements, awards, fines, amounts paid in settlement and other liabilities arising from (a) the unlawful, improper or unauthorized use of the system, (b) errors or omissions in any information included in any application for coverage or in Certificates of Insurance produced using the system, or (c) alleged copyright or other intellectual property rights infringement, defamation or other tort on account of information content provided during the use of the system.
FIS EEA may unilaterally change these terms and conditions, or any terms and conditions applicable to new policies issued through the system, at any time by posting notice of such change on the system. The Customer is responsible for regularly reviewing the information posted online to obtain notice of changes. Such changes will be effective immediately in respect of any new coverage, but will not apply to shipments booked and confirmed prior to the posting of such changes. Continued use of the system and/or FIS EEA’s services after such notice has been posted will constitute acknowledgment and acceptance of the revised terms and conditions. Customer is responsible for reviewing any such changes and the applicable rates, terms and conditions for each shipment booked through the system.
a. Customer's use of its user ID and password on the system constitutes Customer's continuing acceptance of the terms and conditions applicable as set out in this Agreement and as modified from time to time.
b. Customer agrees to be responsible for all use of the system under its user ID and password, regardless of whether authorized by the Customer, and the Customer will indemnify and hold FIS EEA and the Associated Parties harmless against any losses or damages and any liability and costs arising out of claims or suits by any third parties.
c. FIS EEA and the Associated Parties may include Customer's name and contact information in directories of the system’s users but may not use Customer's name, trademarks, logos or other identifying information in any other advertising or promotional materials without the Customer's prior consent.
d. This Agreement will be governed by the laws of California, excluding its conflict-of-laws provisions. No cause of action arising out of the use of the system or the interpretation of this Agreement may be instituted more than one (1) year after the cause of action first accrues. Customers agree to submit to the exclusive personal jurisdiction of the courts located in San Francisco County, California with respect to any matter arising from this Agreement or the use of the system.
e. Customer may be exposed to confidential or proprietary information, which shall include information relating to the operation of the system, and agrees to keep such information confidential and not to use such information except for the purpose of obtaining coverage through the system.
f. The provisions of Sections 4, 5, 11(d) and 11(e) are for the benefit of FIS EEA and/or the Associated Parties and their employees, agents, contractors, information providers, licensors and other suppliers, each of whom shall have the right to assert and enforce these provisions directly on its own behalf. These provisions will survive any termination of this Agreement.
g. This Agreement contains the complete and exclusive agreement of the parties with respect to the matters covered. No waiver, alteration or modification of any of the provisions of this Agreement will be binding unless made in accordance with the provisions of this Agreement or expressly agreed in writing signed by the party to be bound.
h. The parties hereby confirm their express wish that this Agreement and all documents relating thereto be drawn up in English only, but without prejudice to any such documents or instruments which may from time to time be drawn up in other languages only.
PLEASE TAKE NOTE OF YOUR USER ID AND PASSWORD AND STORE SUCH INFORMATION IN A SECURE PLACE. PROTECT YOUR PASSWORD AGAINST DISCLOSURE TO UNAUTHORIZED USERS.
INSURANCE IS OFFERED BY AVIVA INSURANCE LIMITED THROUGH FIS EEA.
To print these Terms and Conditions select the print function of your browser. For further assistance, please contact FIS EEA.
Insurance Sales Contact: insurancesales@flexport.com
Insurance Claims Contact: insuranceclaims@flexport.com
This remuneration policy (Policy) clarifies Flexport Insurance Solutions B.V.'s (Flexport EEA’s) remuneration model. The main focus of the policy is to ensure fair and adequate remuneration and sound business practices. This means, among other things, taking into account the prudential risks involved and preventing remuneration for employees provides an incentive for undesirable behavior towards Flexport EEA's clients. This remuneration policy concerns all the employees of Flexport EEA. With the objectives of this policy, Flexport NL has decided to use both variable and fixed remuneration dependent on employee role.
This remuneration policy has been drafted taking into account the following relevant laws and regulations:
The following types of remuneration for employees are used at Flexport EEA:
Flexport EEA shall always act in the interest of its clients and shall act as an intermediary in a completely independent and objective manner. For its services, remuneration may be composed of the following:
Any variable remuneration in the form of commission would be reserved for sales employees as a component of their overall compensation in addition to their base fixed salary. The commission range would be sized based on a percentage of all transactions facilitated by the employee during a defined period of observable time.
Legal Counsel of Flexport EEA is responsible for an adequate adoption and implementation of the remuneration policy. Under this policy Legal Counsel has the following specific duties and responsibilities for an adequate implementation of the policy:
For the annual review of the policy, the following aspects shall be at least considered:
Flexport EEA is part of the Flexport insurance group and a direct 100% subsidiary of Flexport Insurance Holding Company, LLC, a limited liability company formed and existing under the laws of the State of California (Flexport HoldCo).
Flexport Inc. holds 100% of the shares and voting rights in Flexport HoldCo. Flexport Inc will therefore have an indirect qualifying shareholding of 100% in Flexport EEA. Flexport Inc has various shareholders, two of which have a stake of 10% or more, namely (i) Softbank Vision Fund (AIV M3) L.P. and (ii) Shopify (USA) Inc.
The purpose of this complaints handling policy (Policy) is to provide guidance on the manner in which Flexport Insurance Solutions B.V. (Flexport EEA) handles complaints to ensure that all complaints are handled in a fair and honest manner.
The Dutch Financial Supervision Act (DFSA) requires Flexport EEA to have a complaints procedure in place that is directed at the prompt and careful handling of client complaints.
Non-compliance or improper handling of complaints that is not in line with this Policy may result in adverse company publicity and in other possible further consequences.
The provisions of this Policy will be applicable to all employees of Flexport EEA, unless otherwise stated. To this end, all employees must confirm that they have read and understood this Policy. Moreover, this Policy shall be available internally to all employees of Flexport EEA and for all clients.
The Insurance Claims Team is responsible for proper compliance with this Complaint Handling Policy. To ensure compliance with this Policy the Insurance Claims Team will undertake the following:
All employees that handle complaints should understand and comply with this policy. Furthermore, all employees should notify the Insurance Claims team when receiving a complaint. Additionally, all employees that are responsible for handling complaints should complete the required training.
A complaint is defined as:
A complaint about Flexport EEA can be made by clients by phone, e-mail or by letter. The following contact details can be used for submitting a complaint:
Flexport Insurance Solutions B.V. | Nieuwezijds Voorburgwal 223, 1012RL Amsterdam
A complaint should be registered, highlighting the key details of the complaint. The client shall receive an acknowledgement of receipt of the complaint within 5 working days at the latest. The client will receive a response from Flexport EEA within 15 working days at the latest, providing feedback on the complaint. All correspondence regarding the complaint will be kept in a register to ensure that the complaint is processed in an honest and proper manner.
Apart from filing a complaint with Flexport EEA itself, a client may also file a complaint with the Disputes Committee (company name: De Geschillencommissie; website: www.degeschillencommissie.nl; visiting address: Bordewijklaan 46, 2591XR Den Haag). The client can register the complaint online with the Disputes Committee. Thereafter, the Committee will, where necessary, request relevant information in order to prepare the case file. Subsequently, the complaint will be further processed and both the client and Flexport EEA will be given the opportunity to put forward and defend their own points of view. At the end, a hearing will take place at which the Disputes Committee will issue a decision to which both parties will be bound in order to settle the complaint.
Flexport EEA shall maintain a register of all individual complaints. There will be detailed information to monitor the progress of the complaint and to monitor the further performance of the complaint handling. The information in the register should at least consist of:
All complaints are recorded in a complaint register (the ‘Complaints Register’).