Publication Information
Published: December 15, 2022
Last Updated: November 24, 2025
1. INTRODUCTION
a.
The present xChange Claims Terms & Conditions establish the standard terms for opening, processing, and settlement of all Operational Claims – hereinafter referred to simply as "Claims" – on the xChange Platform.
b.
xChange Claims Terms & Conditions, also referred to simply as "Claims T&C", act as official claim settlement policy, which is automatically applied to all trading and leasing deals on the xChange Platform.
c.
The full list of used Definitions can be found in Part (5).
d.
While all commercial details are negotiated and agreed upon on the Platform, in accordance with the xChange Standard Container Lease Agreement for leasing deals and the xChange Standard Sales Contract for trading deals, the terms below govern the process and responsibilities regarding the opening, processing, and resolving of Operational Claims. These terms have been designed with the objective of maximum neutrality and fairness between the Suppliers and Users on the Leasing Platform and Sellers and Buyers on the Trading Platform.
e.
The Claims T&C are published electronically on the Container xChange website and are subject to change without prior notice. The most current and controlling version of the Terms & Conditions is published at "https://www.container-xchange.com/claims-terms-and-conditions".
f.
From the moment of opening a leasing or trading deal, all involved parties agree that the version of the Claims T&C in effect at the time will apply to the respective deal.
2. LEASING CLAIMS
2.1. DAMAGE CLAIMS MANAGEMENT
2.1.1. ON-HIRE DAMAGE CLAIMS
a.
The Supplier must ensure that at the time of pick-up the Equipment shall be in a good and serviceable condition and shall have been designed, manufactured, tested, and maintained in compliance with the regulations and standards detailed as per xChange Standard Container Lease Agreement.
b.
To confirm the condition of the Equipment prior to the interchange, the User may choose to survey the Equipment. The costs of organizing a survey in this case shall be for the User's account. If the survey is requested by the User, the Supplier must make the Equipment available for this inspection at their own cost, including any depot fees required for allowing the surveyor to conduct the survey.
c.
In case the Equipment is leased to the User in a damaged condition and the User or User's agents agree to pick up the damaged Equipment, the User must inform xChange about the existing damage on the day of pick-up. The User must provide photos of the damage and if possible the repair estimate within 5 working days from the actual pick-up date of the containers. xChange will then review the case and share a resolution proposal on a case-by-case basis. Failure to inform about the existing damages within the stipulated deadline means that the containers are accepted by the User "as is".
d.
In case both parties agree with xChange's resolution proposal, the conclusion will be binding and final. All charges and credits will then automatically be settled through the xChange wallet.
e.
In case the resolution proposal is rejected and the agreement is not reached, an on-hire / desk survey must be organized. The Supplier and User agree to be bound by the opinion of the joint surveyor and to equally share the cost of the survey. Any charges/credits will be automatically settled through the xChange wallet.
f.
All handling charges on pick-up are on the Supplier's account, unless agreed otherwise on the Leasing Deal page.
2.1.2. OFF-HIRE DAMAGE CLAIMS
a.
When redelivering the Equipment to the Supplier's nominated depot, the Equipment shall be deemed as to have been redelivered in undamaged condition and accepted "as is" unless the Supplier opens a Damage Claim for the affected Equipment.
b.
In the event Equipment is redelivered in a damaged condition, the Supplier shall open a Damage Claim within 5 (05) working days (Mo-Fr) after the return of the Equipment. This is to be referred to as "opening a damage claim" in the below.
c.
The User is liable to the Supplier for the actual or constructive total loss of the Equipment, or damage to the Equipment which occurred within the duration of the leasing deal (Wear & Tear excluded).
d.
Confirmation of the drop-off date is a prerequisite for the opening of the damage claim for the affected Equipment.
e.
The claim is to be shared with xChange via the report button on the damage leasing deal page or via an email to conops@container-xchange.com and needs to include leasing deal ID number, container number(s), EOR(s) (Estimate of Repairs), pictures of the damages, depot information and drop-off dates.
i. The repair estimates must be in English format and should include the following items: Container number, Comp code, Loc code, Damage code, Repair code, Length, Width, Quantity, Labour Hours, Labour Cost, Material Cost, Total Cost and Currency.
ii. Photos should clearly depict the damages and the container number
f.
If the damage claim is not submitted to xChange within the timeframe stipulated above, the claim will be considered extemporaneous and therefore null and void.
g.
In case the above-mentioned time-frame cannot be met due to reasons beyond the control of the Supplier, xChange reserves the right to approve or deny the opening of the damage claim as per its own discretion.
h.
In cases where the damaged Equipment is repairable but cannot be repaired at the agreed drop-off location, both parties agree to follow with the following resolution plan for the connected Damage Claim:
i. The parties must find the closest location which can provide the repairs.
ii. The chosen location must provide a repair estimate for the equipment.
iii. Either a physical or desk survey must be organized for the affected units.
iv. The damage claim is then settled as per results of the survey.
v. The transportation costs to the chosen location are to be borne by the Supplier.
i.
All handling charges on drop-off are on the Supplier's account, unless agreed otherwise on the leasing deal page.
2.1.3. DAMAGE SETTLEMENT WITH NO INSURANCE / BASIC INSURANCE
a.
After the Damage Claim is opened, xChange shall check the submitted claim for completeness and applicability and once approved xChange shall then forward the claim to the User.
b.
Within five (05) working days (Mo-Fr) after receiving the damage claim from xChange, the User shall either confirm acceptance of the estimated repair damages or dispute the claimed damages as per xChange Standard Container Lease Agreement.
c.
If the User agrees with the repair damages or does not respond to xChange within the number of working days stated above, the User shall pay for said repairs specified in the estimate, excluding the Wear & Tear.
i. If applicable, any previously agreed DPP shall be subtracted from the estimated repair amount.
ii. Any charges/credits will be automatically settled through the xChange wallet.
d.
In case the User disagrees with the estimate of repair costs or disagrees that any item should be for the User account, the User shall detail its objections on a line item level within the period stated above and share it with xChange either on the leasing deal chat or per email (conops@container-xchange.com).
i. The Damage Claim and all supporting documents shall then be reviewed by xChange.
ii. An assessment of the case will be issued and a resolution proposal put forward to all parties involved.
iii. Within five (05) working days (Mo-Fr) of receiving the above mentioned resolution proposal, User and Supplier shall revert to xChange on the leasing deal chat with either confirmation or rejection of the proposal.
iv. Failure to respond within the above-mentioned time-frame will result in automatic acceptance of the proposal. In case said time-frame cannot be met by either one of the parties for reasons beyond its control, xChange reserves the right to approve or deny the closure of the damage claim as per its own discretion.
v. In case both parties agree with xChange's resolution proposal, the conclusion will be binding and final and any charges/credits shall be automatically settled through the xChange wallet.
vi. In case one or both parties disagree with xChange's resolution proposal, a survey will be organized by xChange within ten (10) working days (Mo-Fr). Both parties can alternatively choose to appoint a surveyor of their choice to conduct a survey based on the mutual agreement. In this case both parties must inform xChange about their choice within five (5) working day after the rejection of the resolution proposal. The survey must then be organized within ten (10) working days.
vii. In either case an appointed external joint surveyor will inspect the Equipment, review the Damage Claim including all supporting documents and issue a final opinion. The Supplier is to make the equipment available for survey at their own cost, including all of the handling and lifting fees. The Supplier and the User agree to be bound by the opinion of the joint surveyor and to equally share the cost of the survey. Any charges/credits will be automatically settled through the xChange wallet.
viii. In case the Supplier does not make the equipment available for survey within fifteen (15) working days (Mo-Fr), repairs or releases the equipment before the survey has taken place, the Supplier automatically forfeits the right to claim damages and will bear all repair related costs. The Damage Claim will therefore be closed.
e.
The Supplier and the User agree to be bound by the opinion of the joint surveyor and to equally share the cost of the survey. Any charges/credits shall then be automatically settled through the xChange wallet.
2.1.4. DAMAGE SETTLEMENT WITH PREMIUM INSURANCE
a.
After the Damage Claim is opened, xChange shall forward the information to the insurance and issue a reminder for the Supplier to make units available for survey.
b.
The Supplier must contact the Depot and make the Equipment available for inspection at their own cost, including any depot fees required for allowing the surveyor to conduct the survey.
i. In case the Supplier does not make the equipment available for survey within fifteen (15) working days (Mo-Fr) after the submission of the damage claim, repairs or releases the equipment before the survey has taken place, the Supplier automatically forfeits the right to claim damages and will bear all repair related costs.
c.
The appointed surveyors will then contact the depot and schedule the survey.
d.
In cases where the difference between damage claim amount and the DPP is below 50% of the DPP, the survey can be organized as either desk survey or off-hire physical inspection.
e.
xChange receives the revised estimates from the surveyor and informs both the Supplier and the User. The results of the survey are final and binding.
f.
The standard procedure for payment is:
i. Supplier pays the total (revised) amount to the depot
ii. xChange credits the Supplier's wallet with the total (revised) amount minus DPP
iii. xChange charges the User's wallet with the total (revised) amount minus DPP
iv. xChange credits the User's wallet with the insurance refund as listed in the surveyor approved estimate.
2.2. DRV CLAIMS MANAGEMENT
2.2.1. STANDARD DRV FLOW
a.
The Supplier has the right to request the User's payment of the Discounted Residual Value (DRV) of the Equipment in cases where the affected Equipment is deemed beyond repair or in cases where the affected Equipment cannot be redelivered within the agreed-upon time frame. This is referred to as the "opening of the DRV Claim" below. The standard time frame set on the platform is 365 days.
b.
In cases with a clear indication that the Equipment cannot be redelivered before the end of the 365-day period, such as loss of the container, wrong redelivery, etc., both the Supplier and the User have an opportunity to request opening of a DRV Claim for the affected Equipment.
c.
Once the DRV Claim is approved by the xChange team, the User must pay the calculated DRV amount.
d.
To open a DRV Claim, the Supplier must contact the xChange team via email at conops@container-xchange.com or by using the "New Claim" button on the Claims tab on the Leasing deal. The Supplier must share the Year of Manufacturing for the affected Equipment with the photos of the units and their CSC Plates with the xChange team. If the CSC Plates are not available, a Manufacturing Certificate can be submitted. In case that there is no proof of manufacturing year submitted within 1 week from the start of the DRV Claim, the DRV will be calculated based on minimum replacement rate agreed on the platform. After the calculation, the submission of a DRV Claim is considered complete.
e.
Once the Supplier submits the DRV Claim, it will be reviewed internally by xChange. Once approved, the User will be informed about the opening of the DRV Claim against them, and within 5 working days, they must provide proof that the units will be returned at the earliest possible date.
i. If no proof is provided within 5 working days, the User must pay the DRV amount. The invoice for the DRV amount will be created and charged to the User.
ii. If the units can be returned within the deadline acceptable for the Supplier, the User must pay extra per diem charges until the redelivery of the containers.
iii. If the units cannot be returned within the deadline acceptable for the Supplier, the User must pay the DRV amount. The invoice for the DRV amount will be created and charged to the User.
2.3. INSURANCE CLAIM MANAGEMENT
a.
If the Equipment is insured and a damage or DRV event occurs, the User or Supplier (as applicable) must immediately notify the insurance company and xChange about the event.
b.
The User or Supplier (as applicable) must provide all necessary documentation to support the insurance claim, including but not limited to police reports, photographs, repair estimates, and any other documents required by the insurance company.
c.
xChange will assist both parties in processing the insurance claim. However, xChange is not responsible for any delays, rejections, or partial settlements by the insurance company.
d.
If the insurance company approves the claim, the insurance payout will be processed according to the insurance policy terms. Any difference between the insurance payout and the actual damage or DRV value must be settled between the User and Supplier according to these Claim Terms and Conditions.
e.
If the insurance company rejects the claim or provides only a partial settlement, the User and Supplier must follow the standard Damage Claim or DRV Claim procedures as outlined in sections 2.1 and 2.2.
2.4. CONTAINER PICK-UP & DROP-OFF DATA CLAIM MANAGEMENT
a.
When the User picks up the Equipment from the Supplier, both parties must record the Pick-Up (PU) data in the xChange Platform, including the date, location, and condition of the Equipment.
b.
When the User returns the Equipment to the Supplier, both parties must record the Drop-Off (DO) data in the xChange Platform, including the date, location, and condition of the Equipment.
c.
If there is a dispute regarding the PU or DO data, either party may raise a PU/DO Data Claim through the xChange Platform within 5 business days of the disputed event.
d.
The following table outlines the claim process for different PU/DO data dispute scenarios:
table.
e.
Both parties must provide all required evidence within the resolution timeline. If either party fails to provide sufficient evidence, the Default Resolution will be applied.
f.
xChange reserves the right to request additional documentation or third-party verification (such as depot inspection reports) to resolve PU/DO data disputes.
2.5. ADDITIONAL NOTE COVERAGE
a.
The User and Supplier may agree to additional terms and conditions regarding claim management through the "Additional Notes" feature on the xChange Platform.
b.
Any additional terms agreed upon in the Additional Notes section must be documented and acknowledged by both parties through the xChange Platform before the commencement of the lease period.
c.
Additional Notes may cover specific requirements such as:
i. Special inspection procedures
ii. Modified damage assessment criteria
iii. Alternative dispute resolution methods
iv. Extended or reduced negotiation periods
v. Specific documentation requirements
d.
In case of any conflict between the Additional Notes and these Claim Terms and Conditions, the Additional Notes will prevail only if they have been explicitly acknowledged by both parties and approved by xChange.
e.
xChange reserves the right to reject or modify any Additional Notes that are not in compliance with applicable laws, regulations, or xChange Platform policies.
3. TRADING CLAIMS
3.1. GENERAL TRADING CLAIMS
a.
Trading Claims are disputes that arise from the sale and purchase of Equipment through the xChange Trading Platform between the Buyer and the Seller.
b.
All Trading Claims must be initiated through the xChange Platform within the timeframes specified in these Claim Terms and Conditions.
c.
xChange will facilitate the resolution of Trading Claims but is not a party to the transaction between the Buyer and the Seller.
3.2. CONDITION DISPUTE CLAIMS
a.
If the Buyer believes that the condition of the Equipment received does not match the condition described in the listing, the Buyer may raise a Condition Dispute Claim.
b.
The Buyer must raise the Condition Dispute Claim within 3 business days of receiving the Equipment. Claims raised after this period will not be accepted.
c.
To raise a Condition Dispute Claim, the Buyer must provide:
i. Clear photographs of the Equipment showing the disputed condition
ii. A detailed description of the discrepancies between the listed condition and the actual condition
iii. Any relevant inspection reports or surveys
iv. Proof of receipt (signed delivery receipt, gate-in documents, etc.)
d.
Upon receiving a Condition Dispute Claim, xChange will notify the Seller and request their response within 2 business days.
e.
The Seller must provide evidence to support the condition as listed, including:
i. Original listing photographs
ii. Pre-delivery inspection reports
iii. Any relevant condition certificates
f.
If the evidence clearly shows a discrepancy in condition, xChange will facilitate a resolution which may include:
i. A price adjustment reflecting the actual condition
ii. The Buyer returning the Equipment and receiving a full refund (transport costs to be negotiated)
iii. The Seller arranging and paying for repairs to bring the Equipment to the listed condition
g.
If the parties cannot agree on a resolution within 10 business days, either party may request xChange to appoint an independent surveyor. The surveyor's assessment will be final and binding. The cost of the survey will be borne by the party found to be at fault.
3.3. PAYMENT AND DELIVERY DISPUTES
a.
If the Buyer fails to make payment as per the agreed terms, the Seller may raise a Payment Dispute Claim through the xChange Platform.
b.
If the Seller fails to deliver the Equipment as per the agreed terms, the Buyer may raise a Delivery Dispute Claim through the xChange Platform.
c.
For Payment Dispute Claims, the Seller must provide evidence of:
i. The agreed payment terms
ii. Proof of Equipment delivery
iii. Any payment reminders or communication sent to the Buyer
d.
For Delivery Dispute Claims, the Buyer must provide evidence of:
i. The agreed delivery terms
ii. Proof of payment made
iii. Any delivery reminders or communication sent to the Seller
e.
xChange will review the evidence and facilitate a resolution. If a party is found to be in breach of the agreed terms, xChange may take actions including but not limited to:
i. Issuing a formal warning
ii. Restricting platform access
iii. Processing payment through available platform funds or guarantees
iv. Referring the matter to collections or legal proceedings
4. CUSTOMER DEFAULT
a.
A Customer is considered to be in default when they fail to fulfill their obligations under these Claim Terms and Conditions or any Booking made through the xChange Platform.
b.
Default events include but are not limited to:
i. Failure to pay a confirmed claim amount within the specified timeline
ii. Failure to respond to claim notices within the specified timeline
iii. Failure to provide required documentation to support or dispute a claim
iv. Failure to make Equipment available for inspection or survey as required
v. Any fraudulent activity or misrepresentation in connection with a claim
c.
When a Customer is in default, xChange will issue a "Default Notice" to the Customer, clearly stating:
i. The nature of the default
ii. The actions required to cure the default
iii. The timeline for curing the default (typically 5 business days)
iv. The consequences of failing to cure the default
d.
If the Customer fails to cure the default within the specified timeline, xChange may take any or all of the following actions:
i. Automatically settle the claim using available funds in the Customer's xChange wallet
ii. Offset the claim amount against any future earnings or credits due to the Customer
iii. Suspend the Customer's access to the xChange Platform
iv. Report the default to credit agencies or relevant industry databases
v. Initiate legal proceedings to recover the outstanding amount, with all legal costs and collection fees to be borne by the defaulting Customer
vi. Terminate all active Bookings with the defaulting Customer
e.
A Customer in default will not be permitted to make new Bookings on the xChange Platform until the default is fully cured and any outstanding amounts are paid in full.
f.
xChange reserves the right to permanently ban Customers who repeatedly default or who engage in fraudulent activities.
g.
Any amounts recovered from a defaulting Customer will be applied first to legal costs and collection fees, then to any interest or penalties, and finally to the outstanding claim amount.
5. DEFINITIONS
5.1. LEASING DEFINITIONS
additional-notes.
"Additional Notes" mean any specific agreements or supplementary terms between the Supplier and the User beyond the standard xChange Claims Terms & Conditions, which are documented and stored in the dedicated "Additional Notes" field on the Leasing Deal page on the xChange Platform. Such Additional Notes hold no binding character, and xChange does not process, guarantee or enforce them in any manner.
booking.
"Booking" means a confirmed lease or trade transaction between parties through the xChange Platform.
claim.
"Claim" or "Operational Claim" means any dispute or compensation request arising from the use, condition, or return of Equipment under a Booking, including Damage Claims, DRV Claims, Insurance Claims, and PU/DO Data Claims.
customer.
"Customer" means any party (User, Supplier, Buyer, or Seller) using the xChange Platform to conduct transactions.
damage-claim.
"Damage Claim" means an officially opened damage dispute regarding the damages on the Equipment. The claim is considered officially opened once all the required documents are shared with and approved by xChange.
default-notice.
"Default Notice" means a formal notification issued by xChange to a Customer who has failed to fulfill their obligations under these Claim Terms and Conditions.
default-procedure.
"Default Procedure" means the process outlined in Section 4 of these Claim Terms and Conditions that xChange follows when a Customer is in default.
dpp.
"DPP" or "Damage Protection Plan" means the amount agreed upon between the Supplier and User that represents the User's liability for damage claims below a certain threshold.
drv.
"DRV" or "Destruction Return Value" or "Discounted Residual Value" means the agreed-upon compensation amount payable by the User to the Supplier in case the Equipment is lost, stolen, destroyed, or cannot be returned within the agreed timeframe.
drv-claim.
"DRV Claim" means an officially opened compensation claim regarding the lost or irreparable Equipment. The claim is considered officially opened once all the required documents are shared with and approved by xChange.
drv-guarantee.
"DRV Guarantee" means a guarantee issued by xChange on behalf of the User to the Supplier, ensuring compensation for DRV events during the lease period, subject to the terms outlined in Section 2.2.2.
equipment.
"Equipment" means freight containers as defined by the International Organization for Standardization (ISO) and/or related equipment, such as clip-ons.
iicl.
"IICL" means the Institute of International Container Lessors, which publishes industry-standard guidelines for container condition inspection and repair.
negotiation-period.
"Negotiation Period" means the time period (typically 45 days) during which the User and Supplier can negotiate the settlement of a claim.
operational-claim.
"Operational Claim" - see definition of "Claim".
pay-outside-request.
"Pay Outside Request" means a request by the User to settle a claim directly with the Supplier outside of the xChange Platform, subject to proper documentation and prior notification to xChange.
platform.
"Platform" or "xChange Platform" means the online platform operated by xChange Solutions GmbH for facilitating container leasing and trading transactions.
pu-data.
"PU Data" or "Pick-Up Data" means the information recorded when Equipment is picked up, including date, location, and condition.
do-data.
"DO Data" or "Drop-Off Data" means the information recorded when Equipment is returned, including date, location, and condition.
supplier.
"Supplier" means the Party supplying the Equipment to the other party.
surveyor.
"Surveyor" means an independent third-party inspector appointed to assess the condition and damage of Equipment for the purpose of resolving claims.
user.
"User" means the Party utilizing the Equipment supplied by the Supplier.
xchange-wallet.
"xChange Wallet" means the digital account balance held by a Customer on the xChange Platform, which can be used for settling claims, receiving payments, and conducting transactions.
5.2. TRADING DEFINITIONS
buyer.
"The Buyer" means the party buying the Equipment.
condition-dispute-claim.
"Condition Dispute Claim" means a claim raised by the Buyer when the condition of received Equipment does not match the condition described in the listing.
delivery-dispute-claim.
"Delivery Dispute Claim" means a claim raised by the Buyer when the Seller fails to deliver the Equipment as per the agreed terms.
listing.
"Listing" means the Equipment advertisement posted by the Seller on the Trading Platform, including condition description, photographs, price, and location.
payment-dispute-claim.
"Payment Dispute Claim" means a claim raised by the Seller when the Buyer fails to make payment as per the agreed terms.
seller.
"The Seller" means the party selling the Equipment.
trading-claim.
"Trading Claim" means any dispute arising from the sale and purchase of Equipment through the xChange Trading Platform.
trading-platform.
"The Trading Platform" means the online Platform operated by xChange Solutions GmbH which The Buyer and The Seller use to facilitate a Transaction.
transaction.
"Transaction" means a completed sale and purchase of Equipment between the Buyer and the Seller through the Trading Platform.
xchange.
"xChange" means the xChange Solutions GmbH.