Terms of Service

1. Acceptance of These Terms

These Terms of Service set out the agreement between you and DAIMON TRADING COMPANY LIMITED for the use of this website and for the yard office services described on it. By browsing the site, submitting a contact message, requesting a booking sitting or using any of the six services described on the site, you confirm that you accept these terms and that you will follow them.

If you are accepting on behalf of a company or another organisation, you confirm that you have the authority to bind that organisation to these terms. If you do not have that authority, or if you do not agree with any part of these terms, you should not use the site or request the services.

These terms apply together with any booking note, quotation or written confirmation the office issues for a particular job. Where a booking note is more specific than these terms, the booking note governs the detail of that job and these terms fill in the rest.

2. Definitions

In these terms, the company means DAIMON TRADING COMPANY LIMITED, registered at Rm 804F, 8/F Join-In Hang Sing Ctr, 71-75 Container Port Rd, Kwai Chung, Hong Kong (HK). The office means the yard office operated by the company at that address. The yard means the container stacking area served by the office. The customer means the person or organisation that requests or uses the services. The website means the pages published at tradaimon.com and any related material the company makes available online.

Services means the six written services described on the services page, namely stack sheet bays, gate pass runs, tally note desks, weighbridge windows, damage survey review rounds and booking sittings. A record means any written document produced by the office in the course of the services, including a stack sheet, a gate pass, a tally note, a weighbridge slip, a survey finding or a booking note.

3. Scope of Services

The company provides container intake documentation and yard office support from its Kwai Chung office. The service is a records service. It does not include the physical handling of a container beyond the checks described on the services page, the transport of a container to or from the yard, or the settlement of customs and port charges, unless a separate written agreement says otherwise.

The office will tell a customer clearly when a request falls outside the scope of the services. If the customer needs a task that the office does not offer, the office will say so rather than take on work it cannot do well. The company does not act as a carrier, a freight forwarder, a customs broker or an insurer, and nothing on this site should be read as an offer to act in those roles.

4. Booking and Sittings

A booking is made during a booking sitting or by written confirmation from the office. A sitting is normally held at the office window, and it concludes with a booking note that matches the yard plan for the week. A booking is not confirmed until the booking note has been issued and the customer has agreed to it.

The customer should provide accurate details during the sitting, including box numbers, declared weights, carrier names and the expected arrival window. The office relies on those details when it writes the gate pass and the stack sheet. If a detail changes after the booking note is issued, the customer should tell the office as soon as possible so that the note and the yard plan can be updated before the trailer arrives.

Booking sittings are held on weekday afternoons between 14:00 and 17:00 and are subject to availability. The office may decline a booking where the requested slot cannot be served safely or where the paperwork is incomplete, and it will explain the reason in writing.

5. Gate Pass Runs

A gate pass run is walked by a clerk at the barrier for every crossing, and the run is recorded on a continuous sheet. The customer and carrier must present the trailer and box at the barrier in the condition and order described in the booking note. The clerk will check the plate, the box number, the carrier and the time, and will record them before the barrier rises.

A box that does not match the booking note may be held until the difference is resolved. The office will record the hold on the run sheet and will tell the carrier why the box is being held. The company is not obliged to admit a box that cannot be matched to a valid booking, and any resulting delay is not a breach of these terms by the company.

A gate pass record is evidence of the crossing at the time shown. It is not a guarantee of the condition of the box, which is assessed during a survey round, and it is not a customs declaration.

6. Tally Notes and Stack Sheets

The office writes tally notes beside the stack and prepares stack sheets for each bay. The customer may rely on these records as a description of what the office counted and where the box was placed. Corrections are entered in ink with initials and a time so that the record shows the history of a change rather than only its final state.

Where a customer believes a tally note is wrong, the customer should raise the point before the box leaves the yard, or as soon as possible afterwards, so that the office can read the relevant file and, where necessary, conduct a fresh count. The company will not alter a record retrospectively to make it agree with a later claim; it will add a correction that makes the change visible.

Stack sheets describe the planned arrangement in a bay. The actual arrangement may change during the day for safety or operational reasons. Where a change is made, the clerk will note it on the sheet, and the customer can request a copy of the updated sheet.

7. Weighbridge Windows

Weighbridge windows are fixed periods when the bridge is staffed and a reading can be taken and recorded without delay. The office posts its windows on the booking note and expects hauliers to arrive inside them. A trailer that arrives late will be weighed at the next open window, and the office will record the delay on the run sheet.

The reading taken at the weighbridge is recorded on the weighbridge slip and copied to the gate pass. Where the measured weight differs from the declared weight beyond the allowed margin, the office will flag the difference before the box leaves the ramp. The customer is responsible for providing an accurate declaration and for resolving any difference within a reasonable period.

The office is not liable for a discrepancy that arises from a declaration the customer supplied, and it is not responsible for the accuracy of a weighbridge owned or operated by a third party. Where the company uses its own bridge, it will keep the equipment serviced and will record each reading carefully.

8. Damage Survey Review Rounds

The office conducts damage survey review rounds along a fixed walking route. The survey clerk looks at corner castings, door seals, roof dents and side panel scoring, and dates each finding to the hour. A survey record describes what the clerk saw at the time of the round. It is not a warranty that a box is free from every defect, and it does not replace a full inspection by a surveyor appointed by the customer.

Where a customer needs a more detailed inspection, the office will say so and will help arrange a separate survey with an appropriate provider. The company will not describe a routine round as a full survey, and it will not issue a certificate of condition on the strength of a routine round alone.

9. Customer Obligations

The customer agrees to provide accurate and complete information when booking a slot, to present boxes and trailers in a safe condition, to arrive within the booked window, and to cooperate with the office when a record needs to be checked. The customer also agrees to keep confidential any operational information the office shares that is marked or described as confidential.

The customer is responsible for the accuracy of box numbers, weights and documentation it supplies, and for ensuring that the driver has authority to act for the carrier. Where the customer is not the owner of the box, the customer confirms that it has the owner permission to arrange the services described in the booking note.

The customer should not ask a clerk to record information that the clerk has not personally observed. Requests of that kind will be declined, and the office will explain why the record must reflect what actually happened.

10. Fees and Payment

Fees for the services are set out in the quotation or booking note issued by the office. Unless the booking note says otherwise, fees are payable within the period stated on the invoice. The office may charge for a booking sitting that is confirmed but not attended, where the slot could have been used by another customer.

Where a job requires work beyond the scope described in the booking note, the office will tell the customer before the extra work begins and will agree a fee in writing. Late payment may attract a reasonable charge, which the office will explain in the invoice. All amounts are stated in the currency shown on the invoice, and the customer is responsible for any bank charges connected with the payment.

11. Safety and Yard Rules

The yard is a working area with moving vehicles and heavy equipment. The customer and its drivers must follow the instructions of the yard team at all times, keep to marked walkways and stay clear of lifting operations. A driver who is asked to wait must wait in the designated area, and no one may enter a stack aisle without permission from the clerk on duty.

The office may stop a lift or close a bay if it believes a condition is unsafe. A stop of that kind is not a breach of these terms by the company. The customer is responsible for any damage caused by a person who enters the yard without permission or who ignores a safety instruction.

Smoking, open flame and the use of unapproved equipment are not permitted in the yard. The office may ask a person to leave the yard if that person puts others at risk, and repeated breaches may lead to suspension of the customer account.

12. Limitation of Liability

The company will perform the services with reasonable skill and care. Subject to that obligation, the company does not give any other promise about the services, and it does not promise that a record will be free from every possible error. The company is not liable for loss that arises from a declaration supplied by the customer, from a delay caused by a third party, or from an event beyond the reasonable control of the office.

To the extent permitted by law, the total liability of the company for any claim connected with a booking is limited to the fee paid for the service in question. The company is not liable for indirect or consequential loss, including loss of profit, loss of business or loss of reputation. Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for any liability that cannot be limited under applicable law.

The customer should insure its boxes against loss and damage in the ordinary way. The routine survey rounds offered by the office support that insurance but do not replace it.

13. Disputes and Claims

A dispute about a record should be raised with the office as soon as it is discovered. The office will pull the relevant weekly file, read it with the customer and, where a correction is needed, add it in a way that shows the change. The aim is to settle a question from the written record rather than from memory or argument.

If a dispute cannot be settled through the file, either party may refer the matter to mediation or, if mediation fails, to the courts described in the governing law section. A claim should be brought within a reasonable period after the box was handled, because yard records are kept for a limited time and a late claim may be harder to investigate.

14. Intellectual Property

The text, layout and visual design of this website belong to the company or are used with permission. You may read, print and share the content for your own reference, but you may not copy it into a commercial publication, resell it or present it as your own work. The company name, the yard office materials and any marks used on the site remain the property of their owners.

Records produced for a customer during a booking belong to the customer for the purposes of its own operations, while the company keeps a copy as part of its weekly file. The company will not publish a customer record without permission, except where the law requires disclosure.

15. Acceptable Use of the Website

You agree to use the website only for lawful purposes and in a way that does not harm the site or the people who use it. You must not attempt to gain unauthorised access to the site, introduce malicious code, scrape the content at a scale that disrupts service, or send messages through the contact form that are abusive, misleading or unrelated to the yard services.

The office may remove a message or block an address if it believes the site is being misused. A block does not affect your ability to contact the office by phone or ordinary email, and the office will explain the reason if you ask.

16. Force Majeure

The company is not liable for a delay or failure to perform that is caused by an event beyond its reasonable control. Such events include severe weather, typhoons, flooding, fire, industrial action, port closure, failure of public infrastructure, government action and any other event that makes performance unsafe or impossible.

Where a force majeure event occurs, the office will tell affected customers as soon as it can and will resume the service when it is safe to do so. Bookings that cannot be served during the event will be rearranged at the earliest reasonable opportunity, and the office will not charge for a slot that it could not serve for that reason.

17. Suspension and Termination

The company may suspend or terminate a customer account where the customer breaches these terms, fails to pay an invoice, provides false information or puts the yard at risk. Where the breach can be corrected, the office will give the customer a chance to correct it before taking a final step, unless the risk to safety or to other customers is immediate.

A customer may stop using the services at any time by telling the office in writing. Ending the relationship does not remove an obligation to pay for work already done, and it does not remove the company obligation to keep records for the period described in the privacy policy.

18. Governing Law

These terms are governed by the laws of Hong Kong. The courts of Hong Kong have exclusive jurisdiction over any dispute that cannot be resolved through discussion or mediation, unless the parties agree in writing to another forum. Where a customer is based outside Hong Kong, the parties will first try to resolve a dispute by written correspondence and, if that fails, by mediation before a neutral mediator agreed by both sides.

If any part of these terms is found to be invalid or unenforceable, the remaining parts continue in full force. A failure by the company to enforce a term on one occasion is not a waiver of its right to enforce that term later.

19. Changes to These Terms

The company may update these terms from time to time to reflect a change in the services or in the law. The current version is the one published on this page, and the effective date at the top shows when it took effect. Where a change is significant, the office will take reasonable steps to notify customers with an active booking.

A booking made before a change will continue under the terms that applied when the booking note was issued, unless the customer agrees to the new version. The company keeps a copy of each version of these terms so that the position at the time of a booking can be confirmed.

20. Contact

Questions about these terms, a booking or a record may be sent to the yard office using the details below. The office reads every message and will reply as soon as it can during business hours.

By using this website and requesting the services described on it, you confirm that you have read these terms, that you understand them and that you agree to be bound by them. DAIMON TRADING COMPANY LIMITED thanks you for the trust you place in the yard office and looks forward to serving you carefully and clearly.