Dear Valued Customers, 

HMM would like to extend our sincere gratitude for your unwavering support and trust. 

Due to the outbreak of war, hostilities, the de facto closure and/or and the targeting of commercial vessels in the vicinity of the Strait of Hormuz, it has become unsafe for the Vessel to proceed to ports in the Arabian Gulf/Red Sea/Horn of Africa where there is a serious and imminent risk of danger. 

As you will be aware, multiple ships have recently been attacked in the region. The security situation continues to deteriorate, posing a serious risk to the safety of the vessels, crew members, and cargoes passing through the Strait of Hormuz and in the area and where the intended voyage or discharge is likely to give rise to loss of or damage to the cargo, danger, personal injury or death, due to, among other things, apprehension of war, hostilities, and/or warlike operations and/or closure or danger to any seaway. 

In light of this situation, HMM regret to inform you that HMM is obliged to exercise its rights and liberties under the HMM Bill of Lading Terms for any and all affected Goods, whether loaded from or destined for or already located within the Arabian Gulf/Red Sea/Horn of Africa region, that are under HMM’s custody and care whether ashore and/or loaded and/or Laden on Board and/or awaiting transhipment in accordance with the applicable HMM Bill of Lading terms and/or where there is a force majeure event 
under the HMM Bill of Lading terms and/or in accordance with the applicable law. All Goods en route will be deviated and, where applicable, discharged at an alternative safe port nominated as the nearest safe and practical port in the circumstances. 

A recovery of deviation cost [USD1,000] per container will apply to all affected shipments to cover any and all services rendered including but not limited to handling, storage in accordance with the HMM Bill of Lading Terms, particularly Article 7 and/or 21. 

For Goods that have already been booked but not yet loaded, transport will not be possible under the current circumstances. Any such Goods already received at the terminal or container yard will be destuffed and returned to the at the customer at the sole risk and expense of the customer and/or will be disposed of in any manner HMM may consider advisable in accordance with the applicable HMM Bill of Lading terms.

For the avoidance of doubt, the relevant clauses expressly provide that, following such discharge, HMM’s obligations under the Bill of Lading are fully discharged and HMM are released from any further responsibility for the Goods and such discharge shall constitute complete delivery and performance with HMM freed from any further responsibility. In all circumstances, all risk, cost, and responsibility for the Goods will pass to the customer, and HMM will be released from further obligations, including responsibility for the Goods. Any and all discharge-related expenses including but not limited to storage shall be at the sole risk and expense of the customer in accordance with the applicable HMM Bill of Lading terms. 

Please also be advised that HMM will not accept any new bookings for shipments loaded from or destined for Arabian Gulf/Red Sea/Horn of Africa ports with immediate effect.  

We appreciate your understanding in these exceptional circumstances. We will endeavour to provide further details regarding the discharge arrangements and documentation, together with any extra freight, charges and/or expenses incurred in relation to the above actions that we may demand in due course. 

Should you have any questions or require assistance with onward carriage or collection, please do not hesitate to contact us.