Mintship Terms & Conditions

Terms & Conditions

1. Definitions

  • “Client” – Any party engaging the Company for Services.
  • “Principal” – A party to a Fixture (owner, charterer, buyer, seller, builder, etc.).
  • “Representative” – An agent, broker, or intermediary acting for a Principal.
  • “Fixture” – Any contract for the sale, purchase, charter (voyage, time, bareboat), towage, construction, demolition, or other vessel-related commercial arrangement, including negotiations to conclude such contracts.
  • “Post Fixture Services” – Assistance after a Fixture is concluded, such as relaying operational messages or claims correspondence.
  • “Remuneration” – Commission or fees payable for Services.
  • “Services” – Shipbrokerage, commercial ship management, maritime consultancy, trading, and related activities.
  • “Ship” – Any vessel, rig, barge, platform, or other craft for use on water.

2. Scope of Services

  • We act solely as an introducing intermediary assisting Principals and/or their Representatives in negotiations, preparing recap and contract documents, and providing agreed Post Fixture Services.
  • Unless agreed in writing, we are not a principal to any Fixture.
  • We are not responsible for the performance or non-performance of any Principal, nor for verifying the accuracy of information provided by others.

3. Client Obligations

  • Provide complete and accurate information in a timely manner.
  • Conduct due diligence on all counterparties and bear all related risks.
  • Have full authority to enter into any Fixture.
  • Not circumvent the Company in any way for a period of 24 months after our introduction of a party.

4. Commission & Fees

  • Commission is due and payable in full at the same time and place as freight, hire, or purchase monies are paid, without deduction.
  • If freight/hire is prepaid, commission shall likewise be prepaid.
  • Applies to freight, deadfreight, demurrage (voyage charters); hire, ballast bonuses, and extensions (time charters); and sale/purchase price (ship sales).
  • Commission remains due even if the Fixture is amended, reduced, cancelled, or otherwise terminated.
  • For other services (management, consultancy, trading), fees are payable as agreed in writing.
  • If a Fixture is cancelled, commission is payable for the shorter of (a) the remaining period or (b) 12 months from cancellation.

5. Non-Circumvention

  • If within 24 months of our introduction, the Client or their affiliates conclude any Fixture or related transaction with the introduced party, full commission is payable as if concluded through us.

6. Confidentiality

  • We keep commercially sensitive information confidential except where disclosure is required by law or regulation. This obligation lasts for 5 years after the end of our engagement.

7. Post Fixture Services

  • Any Post Fixture Services are provided solely as a communications channel between the Principals and do not create responsibility for operational, commercial, or legal matters.
  • Clients must send operational messages and claim-related correspondence in sufficient time for processing and forwarding before relevant deadlines.
  • If a message is urgent and no same-day acknowledgment is received, the Client must follow up by telephone or direct contact.
  • We are not responsible for delays or missed deadlines arising from information sent late, to the wrong address, or without proper follow-up.

8. No Liability & No Insurance

  • The Company acts only as an introducing intermediary and is not a party to any contract between Principals.
  • No Insurance Coverage: We do not carry professional indemnity, errors & omissions, or liability insurance for the Services provided. By using our Services, you acknowledge and accept this fact.
  • We are not liable for claims, losses, damages, costs, or expenses arising from or related to cargo, vessel performance, delay, detention, non-payment or non-performance by any party, operational disputes (including demurrage, despatch, or laytime), regulatory actions, or consequential/indirect losses (including lost profits or markets).
  • The Client shall indemnify and hold harmless the Company, its officers, employees, and agents against any claims or proceedings brought by third parties connected to a Fixture or transaction we introduced or facilitated.

9. Compliance (Sanctions/AML/ABC)

  • Both parties must comply with applicable laws, including sanctions, export controls, anti-bribery, and anti-money-laundering requirements.
  • We may terminate services immediately if we suspect a breach.

10. Limitation of Liability & Time Bar

  • The Company’s total liability to the Client or any third party for any matter whatsoever is zero, except in the case of proven fraud by the Company.
  • Nothing in these Terms excludes liability for fraud or fraudulent misrepresentation.
  • Any claim must be notified within 3 months of becoming aware, and legal proceedings must commence within 1 year of the end of the Fixture or negotiations.

11. Intellectual Property & Lien

  • All reports, analyses, and documents we produce remain our property unless agreed otherwise.
  • We have a general lien over documents in our possession for unpaid sums.

12. Data Protection & Privacy

  • We process personal data in accordance with applicable Data Protection Legislation including Canada’s PIPEDA and, where applicable, the EU/UK GDPR.
  • See our Privacy Policy for details of purposes, legal bases, and rights.

13. Affiliate/Group Companies

  • Services may be provided by us or any affiliated or group company, and these Terms & Conditions apply to all such services.

14. Termination (Breach/Insolvency)

  • We may terminate the engagement with immediate effect for material breach, non-payment, illegality/sanctions concerns, or insolvency of the Client.
  • Termination does not affect accrued rights, including commission already earned.

15. Force Majeure

  • Neither party is liable for delay or failure caused by events beyond reasonable control (including war, terrorism, natural disasters, pandemics, strikes, port closures, government actions, or widespread cyber incidents).
  • If such events persist for more than 90 days, either party may terminate without liability.

16. Notices

  • Formal notices must be in writing and sent by email to the last-notified addresses, or by courier/registered mail.
  • Notices are deemed received: by email on the day sent (business hours at recipient’s location), or by courier/registered mail within 5 business days.

17. Market Reports & Commentary

  • Any market reports or commentary we provide are for general information only and do not constitute advice or an offer. We are not responsible for reliance placed on such information.

18. Governing Law & Dispute Resolution

  • These Terms are governed by the laws of the Province of Ontario, Canada.
  • Any maritime dispute may, at our option, be referred to arbitration in London under LMAA Terms, with the LMAA Small Claims Procedure applying for disputes under USD 100,000.

By using our Services you confirm you have read, understood, and agreed to these Terms & Conditions.

© M International Shipping & Trading Canada Inc. 2025. All rights reserved.
No part of this document may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of M International Shipping & Trading Canada Inc., except in the case of brief quotations embodied in recaps, fixture notes, or other permissible commercial uses.