Freightlead ROAD U.S. BROKERAGE TERMS & CONDITIONS

1. Interpretation

Below definitions shall apply to Services provided to the Customer:

• ‘Brokerage Services’ shall mean the arrangement of inland road transportation services in the United States of America, including the selection and retention of motor and rail carriers to perform the transportation of goods on behalf of the Customer.
• ‘Conditions’ shall mean these Freightlead Road Standard U.S. Brokerage Terms and Conditions between the Customer and Freightlead regarding the provision of Services.
• ‘Customer’ if different from the Owner, shall mean the entity at which request or on whose behalf Freightlead Road provides Services.
• ‘Dangerous Goods’ shall mean goods which are or may become of a dangerous, inflammable, radioactive, or damaging nature and goods likely to harbor or encourage vermin or other pests.
• ‘Freightlead’ shall mean Freightlead LLC; a New Jersey Corporation.
• ‘Goods’ shall mean any items and/or containers for which Services are provided for or on behalf of the Customer.
• ‘Instructions’ shall mean a statement of the Customer’s specific requirements.
• ‘Owner’ if different from the Customer, shall mean the owner, shipper, and consignee of the Goods and any other person who is or may become interested in the Goods and anyone acting on their behalf.
• ‘Person’ shall mean persons or any corporate body or bodies.
• ‘Prices’ shall mean the remuneration for the Services rendered by Freightlead as agreed between the Parties.
• ‘Services’ shall mean the whole of the services related to Brokerage Services provided by Freightlead to the Customer and all matters necessarily related to the provision of the Services as well as those ancillary to the provision of the Services.
  

2. Application

• • Freightlead agrees to provide Services for Customer’s freight pursuant to These Conditions shall only apply to Services rendered in the United States of America.

Where a bill of lading, delivery order, or other transport document is issued by the Customer, a third party, or on behalf of Freightlead which identifies Freightlead as a carrier, such designation shall be for the convenience of Customer or such third party only and shall not make Freightlead thereby liable as a carrier.

3. Obligations and warranties of Customer

• • • The Customer warrants that it is either the Owner or the authorized agent of the owner of the Goods and that it is authorized to accept and accepts these Conditions, not only for itself but also as an agent for and on behalf of the
    • The Customer and any person acting on the Customer’s behalf shall give lawful, sufficient, and executable The Customer warrants that the description and particulars of the Goods are complete and correct.
    • The Customer warrants that the Goods are properly packed, packaged, classified, and sealed for transport
    • The Customer warrants that it shall adhere to applicable legislation in relation to Freightlead Services.
    • The customer shall be primarily responsible for the payment of all carrier charges, including freight and accessorial charges, for the shipments

4. Rights and Obligations of Freightlead

• • Unless otherwise agreed in writing, Freightlead shall be entitled, without notice to the Customer, to retain motor carriers for the carriage of Owner.
  • Freightlead shall be entitled (without incurring any additional liability), but shall be under no obligation, to depart from the Customer’s instructions in any respect if Freightlead reasonably considers there is a good reason to do so in the Customer’s interest.
  • Freightlead may at any time comply with the orders or recommendations given by any government authority. The responsibility and liability of Freightlead in respect of the Goods shall cease on the delivery or other disposition of the Goods in accordance with such orders or recommendations.
  • Where the carrier is entitled to call upon the Customer or Owner to take delivery of the Goods at a designated time and place and delivery of the Goods, or any part thereof, is not taken by the Customer or Owner at the designated time and place; Freightlead (or such carrier) shall be entitled to store the Goods in the open or undercover at the sole risk and expense of the Customer.
  • Freightlead shall have the right to enforce against the Owner and the Customer jointly and severally any liability of the Customer under these Conditions or to recover from them any sums to be paid by the Customer which upon demand have not been paid.

Freightlead will perform all Services in accordance with the Freightlead Code of Conduct applicable at the time of the performance of Services. The Freightlead Code of Conduct is based on the values of Freightlead and signifies Freightlead intentions regarding ethical business behavior and applies to all Freightlead Group entities and employees, including managers and executive officers. The Customer shall conduct its business in an ethical and legal manner. Customer and Owner understand and accept that Freightlead shall not be liable for loss, damage, or delay of Goods or breach of contract caused by Freightlead’s adherence to the Freightlead Code of Conduct.

5. Special instructions, goods, and services

• The Customer’s responsibility for correct information
• The Customer shall be deemed to have guaranteed to Freightlead the accuracy, at the time the Goods were taken in charge by Freightlead selected carrier of the description of the Goods including but not limited to its marks, number, quantity, dimensions, classification, and weight as furnished by the Customer.
• The customer shall comply with all laws and regulations relating to the transportation of hazardous materials. The customer shall advise Freightlead if any shipment contains hazardous materials. Unless agreed in writing, Freightlead shall not provide Services for hazardous materials.
• If the Customer is in breach of either Clause 5.1 and/or 5.2, then the following shall apply at Freightlead’s discretion:
  • the Customer shall be liable for all loss or damage whatsoever caused by or to or in connection with the Goods howsoever arising; and
  • the Customer shall defend, indemnify and hold harmless Freightlead against all penalties, claims, damages, costs, and expenses whatsoever arising in connection therewith; and/or
  • Freightlead (or the custodian of the Goods) may destroy or otherwise dispose of the Goods, without the requirement of notice of same.
• Time guarantee
  • Freightlead accepts no responsibility for departure or arrival dates of Goods. ETA (Estimated Time of Arrival) or ETD (estimated time of Departure) shall not be construed as a time guarantee on the part of Freightlead.

6. Selection of Third Parties

• • Freightlead is a Federal Motor Carrier Safety Administration (“FMCSA”) licensed transportation broker that arranges for transportation performed by others on behalf of Customers. It is understood by the Customer that Freightlead is not performing the transportation of the Customer’s freight but will be arranging for the transportation of the Customer’s freight. Freightlead shall use reasonable care in its selection of third parties to perform the transportation of the Goods. In the performance of the Services hereunder, Freightlead has entered into or may enter into, agreements with entities that will perform the carriage and/or freight forwarding services for the transportation of the Goods. It is understood and agreed that Freightlead does not assume responsibility as a carrier or a freight forwarder of the Goods and that the retained Carrier may operate pursuant to limitations of liability.
  • Notice of Opting out of Carmack Amendment/ICC Termination Act of 1995. The shipper expressly waives all rights and remedies it may have as to Freightlead under the Carmack Amendment/ICC Termination Act of 1995, et seq; 49 U.S.C. Subtitle IV, Part B (excluding §§ 13703, 13706, 14101, and 14103) to the full extent permitted by 49 U.S.C. § 1410l(b)(l ), each as amended from time to time. Further, and specifically, all provisions relating to notification of loss and time for the suit are expressly waived.
  • The Customer warrants and represents that any and all claims for damage or loss shall be made only as against the carrier(s) or entities responsible for the transportation of the Goods; and that the sole responsibility for notifications of loss and claim rests with the Customer. Notwithstanding the foregoing, Freightlead may solely for the convenience of the Customer interpose claims and notification of loss on behalf of the Customer against the carrier(s), provided that this shall in no way operate as a waiver or estoppel of the instant provision. It is the responsibility of the Customer to timely and seasonably advise of any damages to goods to allow for timely submission of claims to carriers.

7. Payment terms

• • Unless otherwise agreed the Customer shall pay the invoiced amount 14 (fourteen) days from the date of Freightlead issuance of the invoice without deduction or deferment on account of any claim, counterclaim, or set-off.
  • The Prices for the Services are offered exclusive of taxes, duties, and charges charged by government entities. These costs and taxes shall be the sole responsibility of the Customer
  • Freightlead will charge interest in case of late payment. These will be levied from the due date of the overdue invoice until payment is made in full. If no legislation applies regarding interest for late payment Freightlead may charge 9% (nine percent) per annum or the highest rate allowed by law, whichever is less, from the due date of the overdue invoice.
  • If any outlay is made by Freightlead on behalf of the Customer related to any charges, including, but not limited to freight, storage, and government charges then these outlays shall be paid by the Customer on demand of Freightlead may charge the Customer for additional direct or indirect costs such as but not limited to waiting time, demurrage, additional or unexpected storage or handling redirection of goods during transit or failed attempts of pick-up or delivery of Goods not attributable to Freightlead.
  • If Freightlead is instructed to collect freight, duties, charges, or other expenses from any person other than the Customer, the Customer shall remain responsible for these amounts; and shall pay these amounts to Freightlead on demand where these amounts have become due and have not been paid by such other person. Customer shall remain primarily liable for the payment of all freight and accessorial charges assessed by the carrier(s) retained to transport Customer’s Goods.

8. Insurance

• • Unless specifically agreed in writing Freightlead shall be under no obligation to maintain insurance, or to procure on behalf of Customer any insurance, covering the Goods or Services. As Freightlead liability is limited in accordance with these Conditions, Freightlead encourages the Customer to take out Cargo Insurance to cover the Goods during transport, handling, and storage; as noted, the carriers retained by Freightlead may operate under limitations of liability; Freightlead is under no obligation to increase any such limitations of liability for the benefit of Customer.
  • Freightlead shall not assume any responsibility or obligation to verify the existence or extent of insurance coverage of any carrier or a third party selected or retained to perform the transportation of the Goods.

9. General indemnities

• • The Customer and Owner shall indemnify, hold harmless, and at Freightlead request, defend Freightlead, its officers, directors, and employees, against: damages, suits, demands, or claims by any non-party due to the negligence, gross negligence, or willful misconduct by the Customer causing damage to the nonparty’s property or injury or death of the non- Party. Such indemnity shall include all expenses, costs, and attorney’s fees.
  • Moreover, the Customer and Owner shall defend, indemnify and hold harmless Freightlead against liability, loss, damage, delay, costs, and expenses (including attorney’s fees) due:
    • to the nature or inherent vice of the Goods;
    • from duties, taxes, imposts, levies, deposits, and outlays levied by any government authority in respect of the Goods and/or Container, and for all liabilities, payments, fines, costs, expenses, loss, and damage sustained by Freightlead in connection therewith;
    • out of Freightlead acting in accordance with the Customer’s or Owner’s instructions, and
    • from a breach of warranty or obligation by the Customer herein or arising from the negligence of the Customer or Owner

10. Liability

• • Freightlead shall only be liable for loss, damage, or delay of the Goods which are the direct and proximate result of Freightlead negligence or gross negligence.
  • Regardless of Clause 10.1, Freightlead shall not be liable for loss, damage, or delay arising from the special risks inherent in one or more of the following circumstances:
    • a) the act or omission of the Customer or Owner or any person acting on their behalf:
    • compliance with the instructions given to Freightlead by the Customer, Owner, or any other person entitled to give them;
    • insufficiency of the packing or labeling of the Goods;
    • handling, loading, stowage, or unloading of the Goods by the Customer or Owner or any person acting on their behalf;
    • the inherent vice of the Goods;
    • riots, civil commotions, strikes, lockouts, stoppage or restraint of labor from whatsoever cause;
    • fire, flood, storm, explosion, or theft; or
    • any cause which Freightlead could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.
  • any cause which Freightlead could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.
  • Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty, or otherwise for any indirect or consequential loss, damage, costs, or expenses of any nature whatsoever incurred or suffered by the other Party; or for any loss of actual or anticipated profits, loss of revenue, loss of goodwill and/or business, loss of savings or any other pure economic loss whether direct or indirect.

11. Freightlead acting as Independent Contractor.

• • At all times, Freightlead shall be considered an independent contractor with respect to the performance of all Services on behalf of Customer and neither Freightlead nor anyone employed by Freightlead shall be deemed to be the employee, agent, servant, or representative of Customer in the performance of any Service. It is understood that Freightlead is not an agent for the carriers and shall remain at all times an independent contractor. Freightlead does not exercise or retain any control or supervision over the carriers, their operations, employees, or agents. To the extent that Freightlead provides the Services on behalf of Customer, Freightlead does not make or purport to make any contract with the Customer for the carriage, storage, or handling of the Goods nor for any other physical service in relation to them and acts solely on behalf of the Customer in securing such services by retaining such third parties so that direct contractual relationships are established between the Customer and such third parties.

12. Miscellaneous

• • Amendments
    At any time Freightlead shall have the right to unilaterally amend these Conditions by publishing the amendments on the Freightlead website. In case any contract was concluded by Freightlead after such publication, those will be subject to the amended Conditions
  • Notices
    Notifications shall be made in writing, by mail, via e-mail or by fax according to the data exchanged between the parties. Any notice served by post shall be deemed to have been given on the third day following the day on which it was posted to the address last known to Freightlead to be the address of the recipient of the notice.
  • Headings
    Headings of clauses or groups of clauses in these Conditions are for indicative purposes only.
  • Legislation
    If any legislation is compulsory applicable to Services undertaken – in whole or in part – these Conditions shall, as regards such Services, be subject to such legislation. However, nothing in these Conditions shall be construed as a surrender by Freightlead of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these Conditions is held to be repugnant to such legislation to any extent such part shall as regards such business be over-ridden to that extent and no further.

13. Dispute resolution and applicable law

• • All questions concerning the construction, interpretation, validity, and enforceability of these Conditions, performance hereunder, or breach of any of the Conditions, shall be governed by the laws of New York.
  • Unless otherwise agreed in writing or stipulated by mandatory law any dispute arising out of or in connection with the Services shall be brought exclusively in the State or Federal courts located in New York County, New York. Customer expressly agrees to the exclusive jurisdiction of such courts for any such suit or claim and waives any objection to personal jurisdiction in such courts.
  • Notification of Claim. All claims against Freightlead for a potential or actual loss, must be made in writing and received by the Company, within one hundred eighty (180) days of the event giving rise to claim (however, such notice MUST be made as soon as practicable). Timely notice shall be deemed to be a condition precedent to the maintenance of any action; and the failure to give Freightlead timely notice shall be a complete defense to any suit or action commenced by Customer. If any term in the instant provision is deemed unenforceable, the time for claim period shall be reduced to the shortest.
  • allowable by law. Time for Suit. All suits against Freightlead must be filed and service of process properly completed and affected on Freightlead within one (1) year from the date of the loss; if any term in the instant provision is deemed unenforceable, the time for suit period shall be reduced to the shortest allowable by law.

14. Partial shipment quotes are subject to following:

Rates are valid for 15 days.  We may always ask for extension from our carriers.  Due to uncertainty and high demand, carriers unfortunately limit the validity period.

• • Estimated transit times are based on business days for Standard LTL shipments and are NOT guaranteed. Lift-gate, indirect shipments, inside delivery, appointment scheduling, and holiday may add additional to transit time. Quote is based on weight, class, dimensions, and special requirements provided. Price is subject to change if actual shipment weight, class or dimensions differ. Our quote doesn’t include LTL insurance, please check insurance fee with Freightlead team member if needed.
  • If trucker fails to pick up the shipment, shipment may be subject to storage as it is not guaranteed shipments.
  • Rates are valid for only commercial deliveries, please check the rates for residential deliveries.
  • Rates are not including white glove services, inside delivery, lift gate and other additional services.
  • Freightlead shall only be liable for loss, damage, or delay of the Goods which are the direct and proximate result of Freightlead negligence or gross negligence.
  • Regardless of Clause, Freightlead shall not be liable for loss, damage, or delay arising from the special risks inherent in one or more of the following circumstances: the act or omission of the Customer or Owner or any person acting on their behalf:

NOTICE CONCERNING CARRIERS’ LIMITATION OF LIABILITY

If the carriage involves an ultimate destination or stops in a country other than the country of departure, the Montreal Convention or the Warsaw Convention may be applicable to the liability of the Carrier in respect of loss of, damage, or delay to Cargo. Carrier’s limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.

CONDITION OF CONTRACT

1. In this contract and the Notices appearing hereon:
CARRIER includes the air carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.
SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International Monetary Fund.
WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of carriage:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929;
that Convention as amended at The Hague on 28 September 1955;
that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.
MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for Internatıonal Carriage by Air, done at Montreal on 28 May 1999
2.
2.1 Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions.
2.2 To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:
2.2.1 Applicable laws and government regulations;

2.2.2 provisions contained in the air waybill, Carrier’s conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier. which are made part hereof, and which may be inspected at any airports or other cargo sales offıces from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of
carriage. The Carrier’s conditions of carriage include, but are not limited to:

2.2.2.1 Limits on the Carrier’s liability for loss, damage, or delay of goods, including fragile or perishable goods

2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents:

2.2.2.3 rights. if any. of the Carrier change the terms of the contract:

2.2.2.4 rules about Carrier’s right to refuse to carry;

2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, the substitution of alternate Carrier or aircraft, and rerouting.

3. The agreed to stop places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.

4. For carriage to which the Montreal Convention does not apply. Carrier’s liability limitation for cargo lost, damaged, or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in the Carrier’s tariffs or general conditions of carriage.

5.

5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention), government regulations, orders and requirements
5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid

6.
6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher vaıue for carriage and paying a supplemental charge if required
6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit the shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.

7.
7.1 In cases of loss of, damage, or delay to part of the cargo, the weight to be taken into account in determining the Carrier’s limit of liability shall be only the weight of the package or packages concerned

7.2 Notwithstanding any other provisions, for “foreign air transportation”‘ as defıned by the U.S. Transportation Code:

7.2.1 in the case of loss of, damage, or delay to a shipment. the weight to be used in determining Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and
7.2.2 in the case of loss of, damage, or delay to a part of a shipment. the shipment weight in 7.2.1 shall be prorated to the packages covered by the same air waybill whose value is affected by the loss. damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, employees, and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person’s agents, employees and representatives.

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws. tariffs and government regulations, Carrier may use alternative carriers, aircraft, or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.

10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.

10.1 in the case of loss of. damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:
10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo:
10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery.
10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier
10.2 Such complaint may be made to the Carrier whose air waybill was used, or to the fırst Carrier or to the last Carrier, or to the Carrier, which performed the carriage during which the loss, damage, or delay took place.
10.3 Unless a written complaınt is made within the time limits specified in 10.1 no action may be brought against Carrier.
10.4 Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

11. Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried. including those relating to the packing, carriage, or delivery of the cargo, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper’s failure to comply with this provision.
12. No agent, employee, or representative of Carrier has authority to alter. modify or waive any provisions of this contract.

Freightlead LLC Warehouse Terms & Conditions

It is agreed that the “Freightlead Air & Sea Inc.” Warehouse Contract Terms and Conditions (“Terms and Conditions”)

Electronically which are by this reference incorporated, shall govern the agreement of the parties. A copy of the Terms and Conditions may or may not be physically attached to documentation utilized by and between the parties. In the event of any conflict between documentation of transactions between the parties and the Terms and Conditions electronically published, the electronically published provisions shall control. The parties explicitly acknowledge that the Terms and Conditions will be amended from time to time and expressly agree that any dispute between them shall be governed by the electronically published Terms and Conditions existing at the time that any dispute arises regardless of whether those provisions are the same or different than those previously existing.

SECTION 1 – DEFINITIONS

As used in this Warehouse Receipt or Contract and Rate Quotation (collectively and/or alternatively “warehouse receipt”) the following terms have the following meanings:

(a) STORER means the person, firm, corporation, or other entity for whom the GOODS described herein are stored and to whom this Warehouse Receipt is issued and anyone else claiming an interest in the GOODS.

(b) COMPANY means Freightlead Air & Sea Inc., as used in Sections 9 and 10 hereof includes officers, directors, employees, and agents of the COMPANY while acting within the scope and course of their employment.

(c) LOT means Units or units of GOODS that are separately identified by the COMPANY.

(d) ADVANCE means all sums due or claimed to be due to COMPANY from STORER or others relating to the GOODS regardless of the source, whether liquidated or not, including but not limited to loans, disbursements, charges made for or on account of STORER or GOODS, necessary for the preservation of GOODS or reasonably incurred in their sale pursuant to law.

(e) GOODS means the personal property and/or any portion thereof which is described herein and/or which COMPANY has agreed to receive and/or store pursuant to this Warehouse Receipt.

SECTION 2 – TENDER FOR STORAGE

(a) All GOODS for storage shall be delivered at the warehouse properly marked and packed for handling.

(b) STORER shall furnish, at or prior to such delivery, a manifest showing marks, brands, or sizes to be kept and accounted for separately and the class of storage desired. Otherwise, the GOODS may be stored in bulk or general storage at the discretion of the COMPANY, and charges for such storage will be made at the applicable storage rate.

(c) Receipt and delivery of all or any units of a LOT shall be made without subsequent sorting except by special arrangement and subject to a charge.

(d) COMPANY shall store and deliver GOODS only in the packages in which they are originally received unless otherwise agreed to in writing.

(e) Unless STORER shall have given, at or prior to delivery of the GOODS, written instructions to the contrary, COMPANY, in its discretion, may commingle and store in bulk different lots of GOODS, whether or not owned by the same STORER.

SECTION 3 – TERMINATION OF STORAGE

(a) COMPANY may, upon written notice, as required by law, require the removal of the GOODS, or any portion thereof, from the warehouse upon the payment of all charges attributable to said GOODS within a stated period, not less than 30 days after such notification. If said GOODS are not so removed, COMPANY may sell them as provided by law and shall be entitled to exercise any other rights it has under the law with respect to said GOODS.

(b) If in the opinion of COMPANY, GOODS may be about to deteriorate or decline in value to less than the amount of COMPANY’S lien thereon, or may constitute a hazard to other property or to the warehouse or persons, the GOODS may be removed or disposed of by COMPANY as permitted by law. All charges related to said removal shall be paid by STORER.

(2) acceptance by COMPANY of any telephone order shall be at the risk of STORER. COMPANY will not be liable for any loss resulting from delivery made pursuant to telephone order, whether or not so authorized, unless COMPANY failed to exercise reasonable care with respect thereto.

(c) COMPANY shall have a reasonable time to make delivery after GOODS are ordered out and shall have a minimum of 10 business days after receipt of a delivery order in which to locate any misplaced GOODS.

(d) If COMPANY has exercised reasonable care and is unable, due to causes beyond its control, to effect delivery before the expiration of the current storage period, the GOODS will be subject to storage charges for each succeeding storage period.

(e) All instructions and requests for delivery of GOODS or transfer of title are received subject to satisfaction of all charges, liens and security interests of COMPANY with respect to the GOODS whether for accrued charges or ADVANCES or otherwise.

(f) COMPANY may require, as a condition precedent to delivery, a statement from STORER holding COMPANY harmless from claims of others asserting a superior right to STORER to possession of the GOODS. Nothing herein shall preclude COMPANY from exercising any other remedy available to it under the law to resolve conflicting claims to possession of the GOODS. All costs, including attorney’s fees, incurred by COMPANY relating in any way to COMPANY’S activities referred to in SECTION 7 shall be charged to STORER and shall, for purposes of Section 12 below, be considered “charges present or future with respect to such GOODS” and shall attach as a lien on the GOODS.

SECTION 8 – OTHER SERVICES AND CHARGES

(a) Other services rendered in the interest of STORER or the GOODS are chargeable to STORER. Such services may include, but are not limited to, the following; furnishing of special warehouse space or material, repairing, sampling, weighing, inspecting, and handling shipments.

(b) All ADVANCES are due and payable immediately. All charges are due and payable upon the date of invoice. All charges and ADVANCES not paid within 30 days from the due date are subject to an interest charge, from the date said charge or ADVANCE became due until paid, at the lesser of three (3) % per month or the maximum amount allowed by law.

(c) STORER may, subject to insurance regulations and reasonable limitations, inspect the GOODS when accompanied by an employee of COMPANY whose time is chargeable to STORER.

(d) In the event of damage or threatened damage to the GOODS, STORER shall pay all reasonable and necessary costs of protecting and preserving the GOODS. When the costs of protecting and preserving stored property are attributable to more than one STORER said costs shall be apportioned among all affected STORERS on a pro-rata basis to be determined by the COMPANY.

(e) COMPANY shall supply dunnage bracing and fastenings where it deems it appropriate on outbound shipments and the cost thereof is chargeable to STORER.

(f) Any additional costs incurred by COMPANY in unloading cars or trucks containing damaged GOODS are chargeable to STORER.

(g) COMPANY shall not be responsible for demurrage charges or delays in loading or unloading unless such demurrage charge or the delay was caused solely by COMPANY’S negligence.

(h) A charge in addition to regular storage and handling rates will be made for bonded storage.

(i) All storage, handling, and other services may be subject to minimum charges.

(j) STORER agrees to pay COMPANY all costs and ADVANCES including reasonable attorney’s fees incurred by COMPANY in connection with the storage, handling, and/or disposition of the GOODS, including without limitations; ADVANCES, and/or fees relating to lawsuits (including Bankruptcy proceedings) involving in any way said GOODS and/or STORER’s performance under this agreement. All such costs, ADVANCES, and fees, for purposes of SECTION 12 below, shall constitute “charges present or future with respect to such GOODS”.

SECTION 9 – LIABILITY AND LIMITATION OF DAMAGES

(a) Company shall not be liable for any loss or destruction of or damage to the Goods, however, caused, unless such loss, damage or destruction resulted from Company’s failure to exercise such care in regard to the Goods as a reasonably careful person would exercise under like circumstances. The company is not liable for damages that could not have been avoided by the exercise of such care. Company and Customer agree that the Company’s duty of care referred to herein shall not extend to providing a sprinkler system at the warehouse complex or any portion thereof.

(b) In no event shall Company be liable for any loss or damage caused by:

(1) acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical or equipment failures; cyber-attacks; civil commotions; hazards incident to a state of war; acts of terrorism; acts or omissions of customs or quarantine officials; acts of carriers related to security; the nature of the freight or any defects thereof; inherent the vice of the goods; perishable qualities of the merchandise; fires; frost or change of weather; sprinkler leakage; floods; wind; storm; moths; public enemies; or other causes beyond its control;

(2) fragile articles injured or broken, unless packed by Company’s employees and unpacked by them at the time of delivery;

(3) pilferage or theft, unless such loss or damage is caused by the failure of the Company to exercise such ordinary care required by law; and

(4) concealed damage, or for losses incurred due to the concealed damage of the Goods.

(c) IN THE EVENT OF LOSS, DAMAGE, OR DESTRUCTION TO GOODS FOR WHICH THE COMPANY IS LEGALLY LIABLE, STORER DECLARES THAT THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE LESSER OF THE FOLLOWING:

(1) THE ACTUAL COST TO STORER OF REPLACING, OR REPRODUCING THE LOST, DAMAGED, AND/OR DESTROYED GOODS TOGETHER WITH TRANSPORTATION COSTS TO THE WAREHOUSE;

(2) THE FAIR MARKET VALUE OF THE LOST, DAMAGED, AND/OR DESTROYED GOODS ON THE DATE STORER IS NOTIFIED OF LOSS, DAMAGE, AND/OR DESTRUCTION;

(3) 50 TIMES THE MONTHLY STORAGE CHARGE APPLICABLE TO SUCH LOST, DAMAGED, AND/OR DESTROYED GOODS;

(4) $0.50 PER POUND FOR SAID LOST, DAMAGED, AND/OR DESTROYED GOODS. PROVIDED, HOWEVER THAT WITHIN A REASONABLE TIME AFTER RECEIPT OF THIS WAREHOUSE RECEIPT, STORER MAY, UPON WRITTEN REQUEST INCREASE COMPANY’S LIABILITY ON PART OR ALL OF THE GOODS IN WHICH CASE AN INCREASED CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION; FURTHER PROVIDED THAT NO SUCH REQUEST SHALL BE VALID UNLESS MADE BEFORE LOSS, DAMAGE OR DESTRUCTION TO ANY PORTION OF THE GOODS HAS OCCURRED.

(d) The COMPANY’s liability referred to in Section 9(c) shall be STORER’S exclusive remedy against COMPANY for any claim or cause of action whatsoever relating to loss, damage, and/or destruction of GOODS and shall apply to all claims including inventory shortage and mysterious disappearance claims unless STORER proves by affirmative evidence that COMPANY converted the GOODS to its own use. STORER waives any rights to rely upon any presumption of conversion imposed by law. In no event shall STORER be entitled to incidental, special, punitive, or consequential damages.

(e) No Consequential Damages. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF COMPANY’S DUTIES, NEGLIGENCE LIABILITY WITHOUT FAULT OR ANY OTHER LEGAL THEORY OR BASIS, SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF MARKET, LOSS OF INCOME, DAMAGES ARISING FROM LOSS, ATTORNEYS FEES OR PUNITIVE DAMAGES, WRONG DELIVERY, OR DAMAGE TO PROPERTY, LOSS OF USE OF GOODS, COST OF SUBSTITUTED GOODS, DELAYED DELIVERY, OR FAILURE TO ATTEMPT DELIVERY, WHETHER OR NOT THE COMPANY HAD KNOWLEDGE THAT SUCH DAMAGES OR LOSSES MIGHT OCCUR.

(f) Temperature or Humidity Controlled Storage. Unless specifically agreed to in writing, Company shall not be responsible for the storage of the Goods in a temperature or humidity-controlled environment. The customer knowingly accepts that the Goods will be warehoused in a non-temperature/humidity-controlled environment. The company will not be responsible for any loss or damage to the Goods that result from fluctuations in temperature range or in humidity levels of the warehouse. The company will furthermore not be responsible for losses or damages incurred to Perishable Goods unless otherwise agreed to in writing prior to tender of the Goods for storage.

SECTION 10 – NOTICE OF CLAIM AND FILING OF SUIT

(a) COMPANY shall not be liable for any claim of any type whatsoever for loss and/or destruction of and/or damage to GOODS unless such claim is presented, in writing, within a reasonable time, not exceeding 60 days after STORER learns or, in the exercise of reasonable care, should have learned of such loss, destruction, and/or damage.

(b) As a condition precedent to making any claim and/or filing any suit, STORER shall provide COMPANY with a reasonable opportunity to inspect the GOODS which are the basis of STORER’S claim.

(c) NO LAWSUIT OR OTHER ACTION MAY BE MAINTAINED BY STORER OR OTHERS AGAINST COMPANY WITH RESPECT TO THE GOODS UNLESS A TIMELY WRITTEN CLAIM HAS BEEN MADE AS PROVIDED IN PARAGRAPH (a) OF THIS SECTION AND UNLESS

STORER HAS PROVIDED WAREHOUSEMAN WITH A REASONABLE OPPORTUNITY TO INSPECT THE GOODS AS PROVIDED IN PARAGRAPH

(b) OF THIS SECTION AND UNLESS SUCH LAWSUIT OR OTHER ACTION IS COMMENCED WITHIN NINE (9) MONTHS AFTER THE STORER LEARNS OR, IN THE EXERCISE OF REASONABLE CARE, SHOULD HAVE LEARNED OF THE LOSS AND/OR DESTRUCTION OF AND/OR DAMAGE TO THE GOODS.

SECTION 11 – INSURANCE

GOODS are not insured by COMPANY and the storage rates do not include insurance on the GOODS unless COMPANY has agreed, in writing, to obtain such insurance for the benefit of STORER.

SECTION 12 – LIEN

COMPANY shall have a lien against the GOODS and on the proceeds thereof for all charges for storage, handling, transportation (including demurrage and terminal charges), insurance, labor, and other charges present or future with respect to the GOODS, ADVANCES or loans by COMPANY in relation to the GOODS and for expenses necessary for the preservation of the GOODS or reasonably incurred in their sale pursuant to law. COMPANY further claims a lien on the GOODS for all such charges, ADVANCES, and expenses in respect to any other property stored by STORER in any warehouse owned or operated by COMPANY or its subsidiaries wherever located and whenever deposited and without regard to whether or not said another property is still in storage.

SECTION 13 – WAIVER – SEVERABILITY

(a) COMPANY’S failure to insist upon strict compliance with any provision of this Warehouse Receipt shall not constitute a waiver or estoppel to later demand strict compliance thereof and shall not constitute a waiver or estoppel to insist upon strict compliance with all other provisions of this Warehouse Receipt.

(b) In the event any section of this Warehouse Receipt or part thereof shall be declared invalid, illegal, and/or unenforceable, the validity, legality, and enforceability of the remaining sections and parts shall not, in any way, be affected or impaired thereby.

SECTION 14 – AUTHORITY

STORER represents and warrants that it is either

(a) the lawful owner of the GOODS which are not subject to any lien or security interest of others; or

(b) the authorized agent of the lawful owner and/or any holder of a lien or security interest and has full power and authority to enter into the agreement incorporated into this Warehouse Receipt. STORER agrees to notify all parties acquiring any interest in the GOODS of the terms and conditions of this Warehouse Receipt and to obtain, as a condition of granting such an interest, the agreement of such parties to be bound by the terms and conditions of this Warehouse Receipt.

SECTION 15 – NOTICES

All written notices provided herein may be transmitted by any commercially reasonable means of communication and directed to COMPANY at the address on the front hereof and to STORER at its last known address. STORER is presumed to have knowledge of the contents of all notices transmitted in accordance with this Section within five days of transmittal.

SECTION 16-GOVERNING LAW

This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.

SECTION 17-ENFORCEMENT OF THIS AGREEMENT

Any actions to enforce the provisions of this agreement may be commenced only in a court of competent jurisdiction located in the State of New Jersey.

SECTION 18-ENTIRE AGREEMENT

This agreement shall constitute the entire agreement between COMPANY and STORER relating to the GOODS and supersedes all existing agreements between them whether written or oral and shall not be changed, amended, or modified except by written an agreement signed by representatives of COMPANY and STORER.

COMBINED TRANSPORT BILL OF LADING

Based upon BIMCO “COMBICONBILL” of January 1971 (as revised 1995)

1. GENERAL PROVISION
2. 
   Notwithstanding the heading “Combined Transport”, the provisions set out and referred to in this Bill of Lading shall also apply, if the transport as described in this Bill of Lading is performed by one mode of transport only.
3. 
   “Carriers” means the party on whose behalf this Bill of Lading has been signed.
   “Merchant” includes the Shippers, the Receiver, the Consignor, the Consignee, the holder of this Bill of Lading, and the owner of the goods.
4. Carrier’s Tariff.
   The terms of the Carrier’s applicable Tariff at the date of shipment are incorporated herein. Copies of the relevant provision of the applicable Tariff are available from the Carrier upon request. In the case of inconsistency between this Bill of Lading and shall prevail.
5. Time Bar.
   All liability whatsoever of the Carrier shall cease unless suit is brought within 9 months after delivery of the goods or the date when the Goods should have been delivered.
6. Law and Jurisdiction.
   Disputes arising under this Bill of Lading shall be determined by the courts and in accordance with the law at the place where the Carrier has his principal place of business.

1. PERFORMANCE OF THE CONTRACT
2. Methods and Routes of Transportation
   (1) The Carrier is entitled to perform the transport and all services related thereto in any reasonable manner and by any reasonable means, methods, and routes.
   (2) In accordance herewith, for instance, in the event of carriage by sea, vessels may sail with or without pilots, undergo repairs, adjust equipment, drydock, and tow vessels in all situations.
3. Optional Stowage
   (1) Goods may be stowed by the Carrier by means of containers, trailers, transportable tanks, flats, pallets, or similar articles of transportable tanks, flats, pallets, or similar articles of transport used to consolidate goods.
   (2)Containers, trailers, transportable tanks, and covered flats, whether stowed by the Carrier or received by him in a stowed condition from the Merchant, may be carried on or under deck without notice to the Merchant.
4. Hindrances etc. Affecting Performance.
   (1) The Carrier shall use reasonable endeavors to complete the transport and to deliver the goods at the place designated for delivery.
   (2) If at any time the performance of the contract as evidenced by this Bill of Lading is or will be affected by any hindrance, risk, delay, difficulty, or disadvantage of whatsoever kind, and if by virtue of sub-clause 8 (1) the Carrier has no duty to complete the performance of the contract, the Carrier (whether or not the transport is commenced) may elect to:

• treat the performance of this Contract as terminated and place the goods at the Merchant’s disposal at any place which the Carrier shall deem safe and convenient;
  or
• deliver the goods at the place designated for delivery.

(3) If the goods are not taken delivery of by the Merchant within a reasonable time after the Carrier has called upon him to take delivery, the Carrier shall be at liberty to put the goods in safe custody on behalf of the Merchant at the latter’s risk and expense.
(4) In any event the Carrier shall be entitled to full freight for goods received for transportation and additional compensation for extra costs resulting from the circumstances referred to above.

• CARRIER’S LIABILITY

9. Basic Liability
   (1)The Carrier shall be liable for loss of or damage to the goods occurring between the time when he receives the goods into his charge and the time of delivery.
   (2) The Carrier shall be responsible for the acts and omission of any person of whose services he makes use for the performance of the contract of carriage evidenced by this Bill of Lading.
   (3)The Carrier shall, however, be relieved of liability for any loss or damage if such loss or damage arose or resulted from:
   (a) The wrongful act or neglect of the Merchant.
   (b) Compliance with the instructions of the person entitled to give them.
   (c) The lack of, or defective conditions of packing in the case of goods which, by their natüre, are liable to wastage or to be damaged when not packed or when not properly packed.
   (d) Handling, loading, stowage, or unloading of the goods b or on behalf of the Merchant.
   (e) Inherent vice of the goods.
   (f) Insufficiency or inadequacy of marks or numbers on the goods, covering, or unit loads.
   (g) Strike or lock-outs or stoppages or restraints of labor from whatever cause whether partial or general.
   (h) Any cause or event which the Carrier could not avoid and the consequence whereof he could not prevent by the exercise of reasonable diligence.
   (4) Where under sub-clause 9 (3) the Carrier is not under any liability in respect of some of the factors causing the loss or damage, he shall only be liable to the extent that those factors for which he is liable under this Clause have contributed to the loss or damage.
   (5) The burden of proving that the loss or damage was due to one or more of the causes or events, specified in (a),(b), and (h) of sub-clause 9 (3) shall rest upon the Carrier.
   (6) When the Carrier establishes that in the circumstances of the case, the loss or damage could be attributed to one or more of the causes or events, specified in (c) to (g) of sub-clause 9 (3), it shall be presumed that it was so caused. The Merchant shall, however, be entitled to prove that the loss or damage was not, in fact, caused either wholly or partly by one or more of the causes or events.
10. Amount of Compensation
    (1) When the Carrier is liable for compensation in respect of loss of or damage to the goods, such compensation shall be calculated by reference to the value of such goods at the place and time they are delivered to the Merchant in accordance with the contract or should have been so delivered.
    (2) The value of the goods shall be fixed according to the commodity exchange price or, if there be no such price, according to the current market price or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.
    (3) Compensation shall not, however, exceed two Special Drawing Rights per kilogram of the gross weight of the goods lost or damaged.
    (4)Higher compensation may be claimed only when, with the consent of the Carrier, the value for the goods declared by the Shipper which exceeds the limits laid down in this Clause has been stated on the face of this Bill of Lading at the place indicated. In that case, the amount of the declared value shall be substituted for that limit
11. Special Provisions for Liability and Compensation
    (1) Notwithstanding anything provided for in Clauses 9 and 10 of this Bill of Lading, if it can be proved where the loss or damage occurred, the Carrier and the Merchant shall, as to the liability of the Carrier, be entitled to require such liability to be determined by the provisions contained in any international conventions or national law, which provisions:

• Cannot be departed from by private contract, to the detriment of the claimant, and
• Would have applied if the Merchant had made a separate and direct contract with the Carrier in respect of the particular stage of transport where the loss or damage occurred and received as evidence thereof any particular document which must be issued if such international convention or national law shall apply.

(2) Insofar as there is no mandatory law applying to carriage by sea by virtue of the provisions of sub-clause 11 (1), the liability of the Carrier in respect of any carriage by sea shall be determined by the International Brussels Convention 1924 as amended by the Protocol signed at Brussels on February 23rd, 1968 – The Hauge/Visby Rules. The Hauge/Visby Rules shall also determine the liability of the Carrier in respect of carriage by inland waterways as if such carriage were carriage by sea. Furthermore, they shall apply to all goods, whether carried on deck or under deck.

12. Delay, Consequential Loss, etc.
    (1) The Carrier shall not be liable in any capacity, whatsoever, for any delay, non-delivery, misdelivery, or other loss or damage to or in connection with the Goods occurring at any time contemplated under Clause 9 (1)
    (2) If the Carrier is held liable for delay, non-delivery, miss-delivery, or other loss or damage to or in connection with the Goods as described above in subdivision 1, such liability shall in no case exceed the freight for the transport covered by this document.
13. Notice of Loss of or damage to the Goods
    (1) Unless notice of loss of or damage to the goods, specifying the general natüre of such loss or damage, is given in writing by the Merchant to the Carrier when the goods are handed over to the Merchant, such handing over is prima facie evidence of the Delivery by the Carrier of the goods as described in this Bill of Lading.
    (2) Where the loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within three (3) consecutive days after the day when the goods were handed over to the Merchant.
14. Defences and Limits for the Carrier, Servants, etc.
    (1) The defences and limits of liability provided for in this Bill of Lading shall apply in any action against the Carrier for loss or damage to the goods whether the action can be founded in contract or in tort.
    (2) The Carrier shall not be entitled to the benefit of the limitation of liability provided for in sub-clause 10(3) if it is proved that the loss or damage resulted from a personal act or omission of the Carrier done with intent to cause such loss or damage or recklessly and with the knowledge that damage would probably result.
    (3) The Merchant undertakes that no claim shall be made against any servant, agent, or other persons whose services the Carrier has used in order to perform this Contract and if any claim should nevertheless be made, to indemnify the Carrier against all consequences thereof.
    (4) However, the provisions of this Bill of Lading apply whenever claims relating to the performance of this Contract are made against any servant, agent, or another person whose services the Carrier has used in order to perform this Contract, whether such claims are founded in contract or in tort. In entering into this Contract the Carrier, to the extent of such provisions, does so not only on his own behalf but also as agent or trustee for such persons shall not exceed the limits in Clauses 10,11 and 24, respectively

1. DESCRIPTION OF GOODS
2. Carrier’s Responsibility.
   The information in this Bill of Lading shall be prima facie evidence of the taking in charge by the Carrier of the goods as described by such information unless a contrary indication , such as “shipper’s weight, load and count”,”Shipper-packed container” or similar expressions, have been made in the printed text or superimposed on the Bill of Lading has been transferred, or the equivalent electronic data interchange message has been transmitted o and acknowledged by the Consignee who in good faith has relied and acted thereon.
3. Shipper’s Responsibility.
   The Shipper shall be deemed t have guaranteed to the Carrier the accuracy, at the time the goods were taken in charge by the Carrier, of the description of the goods, marks, number, quantity and weight, as furnished by him, and the Shipper shall defend, indemnify and hold harmless the Carrier against all loss, damage and expenses arising or resulting from inaccuracies in or inadequacy of such particulars. The right of the Carrier to such indemnity shall in no wat limit his responsibility and liability under this Bill of Lading to any person other than the Shipper. The Shipper shall remain liable even if the Bill of Lading has been transferred by him.
4. Shipper-Packed Containers, etc.
   (1) If a container has not been filled, packed or stowed by the Carrier, the Carrier shall not be liable for any loss of or damage to its contents and the Merchant shall cover any loss or expense incurred by the Carrier, if such loss, damage or expense has been caused by:

• negligent filling, packing or stowing of the container;
• the contents being unsuitable for carriage in container; or
• the unsuitability or defective condition of the container unless the container has been supplied by the Carrier and the unsuitability or defective condition would not have been aparent upon reasonable inspection at or prior to the time when the container was filled, packed or stowed.

18. Dangerous Goods
    (1) The Merchant shall comply with all internationally recognised requirements and all rules which apply according to national law or by reason of international Convention, relating to the carriage of goods of a dangerous nature, and shall in any event inform the Carrier in writing of the exact nature of the danger before goods of a dangerous nature are taken into charge by the Carrier and indicate to him, if need be, the precautions to be taken.
    (2) Goods of a dangerous naure which the Carrier did not know were dangerous, may at any time or palce, be unloaded, destroyed, or rendered harmless, without compensation; further, the Merchant shall be liable for all expenses, loss or damage arising out of their hanging over for carriage or of their carriage.
    (3) If any goods shipped with the knowledge of the Carrier as to their dangerous nature shall become a danger to any person or property, they may in like manner be landed at any place or destroyed or rendered innocuous by the Carrier without liability on the part of the Carrier except to General Average, if any.
19. Return of Containers
    (1) Fort he urpose of this Clause the Consignor shall mean the person who cncludes this Contract with the Carrier and the Consignee shall mean the person entitled to receive the goods from the Carrier.
    (2) Containers, pallets or similar articles of transport supplied by or on behalf of the Carrier shall be returned to the Carrier in the same order and condition as handed over to the Merchant, normal wear and tear excepted, with interiors clean and within the time prescribed in the Carrier’s tariff or elsewhere.
    (3)              (a) The Consignor shall be liable for any loss of, damage to , or delay, including demurrage, of such articles, incurred during the period between handing over to the Consignor and return to the Carrier for carriage.
    (b) The Consignor and the Consignee shall be jointly and severally liable for any loss of, damage to, or delay, including demurrage, of such articles, incurred during the period between handing over to the Consignee and return to the Carrier.

1. FREIGHT AND LIEN
2. 
   (1) Freight shall be deemed earned when the goods have been taken in charge by the Carrier and shall be paid in any event.;
   (2) The Merchant’s attention is drawn to the stipulations concerning currency in which the freight and charges are to be paid, rate of Exchange, devaluation and other contingencies relative to freight and charges in the relevant tariff condition. If no such stipulation as to devaluation exist or is applicable the following shall apply:
   If the currency in which freight and charges are quted is devalued between the date of the freight aggreement and the date when the freight and charges are paid, than all freight and charges shall be automatically and immediately increased in proportion to the extent of the devaluation of the said currency.
   (3) For the purpose of verifying the freight basis, the Carrier reserves the right to have the contents of containers, trailers or similar articles of transport inspected in order to ascertain the weight, measurement , value, or nature of the goods.
3. The carrier and his agent shall have a lien on the goods and any documents relating thereto, for any amount due to them, at any time from the Merchant including the costs of recovering same, and may enforce such lien in any reasonable manner including sale or disposal of the goods.

1. MISCELLANEOUS PROVISIONS
2. General Average.
   (1) General Average shall be adjusted at any port or place at the Carrier’s option, and to be settled according to the York-Antwerp Rules 1994, or any modification thereof, this covering all goods, whether carried on or under deck. The New Jason Clause as approved by BIMCO to be considered as incorporated herein.
   (2) Such security including a cash deposit as the Carrier may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon, shall, if required, be submitted to the Carrier prior to delivery of the goods.
3. Both-to-Blame Collision Clause.
   The both-to-Blame Collision Clause as adopted by BIMCO shall be considered incorporated herein.
4. S. Trade
   (1) In case the contract evidenced by this Bill of Lading is subject to the Carriage of Goods by Sea Act of the United States of America, 1936 (U.S. COGSA), then the provisions stated in the said Act shall govern before loading and after discharge and throughout the entire time the goods are in the Carrier’s custody.(2) If the U.S: COGSA applies, and unless the nature and value of the goods have been declared by the shipper before the goods have been handed over to the Carrier and inserted in this Bill of Lading, the Carrier shall in no event be or become liable for any loss of or damage to the goods in an amount exceeding USD 500 per package or customary freight unit

STANDARD B/L TERMS AND CONDITIONS:  

1.  (a) Except as otherwise provided herein, this Bill of Lading shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States of America, approved April 16, 1936, which shall be deemed to be incorporated herein, and nothing herein contained shall be deemed a surrender by the Carrier of any of its rights or immunities or an increase of any of its responsibilities or liabilities under said Act.  The provisions stated in said Act (except as otherwise specifically provided herein shall govern before loading on and after discharge from the vessel and throughout the entire time the Goods are in the custody of the Carrier.  If this Bill of Lading is issued or delivered in a locality where there is in force a compulsorily applicable Carriage of Goods by Sea Act, ordinance, or statute of a nature similar to the International Convention for the Unification of Certain Rules Relating to Bills of Lading dated at Brussels, August 25, 1924, it shall be subject to the provisions of said Act, Ordinance or Statute and rules thereto annexed.

(b) The Carrier shall be entitled to the full benefit of, and right to all limitations of, or exceptions from, liability authorized by any provisions of Sections 4261 to 4288, Inclusive, of the Revised Statutes of the United States and amendments thereto and of any other provisions of the Laws of the United States or of any other country whose laws shall apply.

2. In this Bill of Lading.
(a) “Carrier” means and includes the carrier named on the face side hereof, the vessel, her owner, Master operator, demise charterer, and if bound hereby, the time charterer, and any substitute Carrier whether the owner, operator, charterer or Master shall be acting as carrier or bailee;
(b) “Vessel” means and includes the ocean vessel on which the Goods are shipped, named on the face hereof, or any substitute vessel, also any feeder ship, ferry, barge, lighter, or any other watercraft used by the Carrier in the performance of this contract;
(c) “Merchant” means and includes the shipper, the consignee, the receiver, the holder of this bill of lading, the owner of the Goods or person entitled to the possession of the Goods, and the servants or agents of any of these;
(d) “Charges” means and includes freight and all expenses and money obligations incurred and payable by the Merchant;
(e) “Goods” means and includes the cargo received from the shipper and described on the face side hereof and any Container not supplied by or on behalf of the Carrier;
(f) “Container” means and includes any container, van, trailer, transportable tank, flat, pallet, or any similar article of transport;
(g) “Person” means and includes an individual, corporation, partnership, or other entity as the case may be;
(h) “Participating Carrier” means and shall include any other water, land, or air carrier performing any stage of the Combined Transport.

3.  It is understood and agreed that other than the said Carrier, no person whatsoever (including the Master, officers, and crew of the vessel, all servants, agents, employees, representatives, and all stevedores, terminal operators, crane operators, watchmen, carpenters, ship cleaners, surveyors and other independent contractors whatsoever) is or shall be deemed to be liable with respect to the Goods as a carrier, bailee or otherwise howsoever, in contract or in tort.  If, however, it should be adjudged that any other than said carrier is under any responsibility with respect to the Goods, all limitations of and exonerations from liability provided by law or by the terms receipt shall be available to such other persons as herein described in contracting for the foregoing exemptions, limitations, and exonerations from liability, the Carrier is acting as agent and trustee for and on behalf of all persons described above, all of whom shall to this extent be deemed to be a party in this contract evidenced by this Bill of Lading.  It is always understood, that said beneficiaries are not entitled to any greater or further exemptions, limitations, or exonerations from liability than those that the carrier has under this Bill of Lading in any given situation.

4.  Subject to all rights, privileges, and limitations of and exonerations from liability granted to the ocean carrier under this Bill of Lading or by law, any liability by the respective participating carriers for loss or damage to the Goods or packages carried hereunder shall be governed by the following:
(a) If loss or damage occurs while the Goods or packages are in the custody of the ocean carrier, only the ocean carrier shall be responsible, therefore, and any liability of the ocean carrier shall be determined by the terms and conditions of this Bill of Lading and any law compulsorily applicable.
(b) If loss or damage occurs while the Goods or packages are in the custody of a participating domestic or foreign Carrier, only the participating domestic or foreign Carrier(s) shall be responsible, therefore, and any liability of such participating domestic or foreign Carrier(s) shall be determined, in respective order, by the terms, conditions, and provisions of the applicable participating domestic or foreign Carrier’s Bill(s) of Lading, whether issued or not, tariff(s) and law compulsorily applicable in the circumstances.
(c) Notwithstanding subdivision (a) and (b) hereof, it is contemplated that the Goods or packages will from time to time be carried in through transportation that will include inland transportation within the United States, by Railroad and sea carriage by one or more of the other Carriers above defined. (When used on or endorsed on this Bill of Lading the words “on board” shall mean and include onboard the original carrying vessel when the Goods or packages are being transported from a foreign port or place to the Continental United States to a foreign port or place “on board” shall mean and include onboard a rail car operated by the originating carrier and en-route by rail to the port of loading for loading on board the Carrier’s or participating Carrier’s vessel).
(d) If loss or damage occurs after the receipt of the Goods or packages hereunder, and it cannot be determined from the records of this ocean Carrier or participating domestic or foreign Carrier(s) whether such damage or loss occurred during the ocean, domestic or foreign carriage, it shall be conclusively presumed that the loss or damage occurred on board the vessel and while the Goods or packages were in the custody of the ocean Carrier.
(e) At all times when the Goods or packages are in the custody of the above-mentioned participating domestic or foreign Carriers, such Carriers shall be entitled to all the rights, defenses, exceptions from or limitations of liability and immunities of whatsoever nature referred to or incorporated herein applicable or granted to the Carrier as herein defined, to the full extent permitted to such domestic and foreign Carriers under this Bill(s) of Lading, tariffs and any other laws applicable or relating thereto, provided, however, that nothing contained in this Bill of Lading shall be deemed a surrender by these domestic or foreign Carriers of any of their rights and immunities or an increase of any of their limitations of and exonerations from liability under their said Bill(s) of Lading, tariffs or laws applicable or relating to said carriage.
(f) In making any arrangements for transportation by participating domestic or foreign Carriers of the Goods or packages carried hereunder, either before or after ocean carriage, it is understood and agreed that the ocean Carrier acts solely as agent of the Merchant, without any other responsibility whatsoever, and it assumes no responsibility as Carrier for such domestic or foreign transportation.
(g) Notice of loss or damage and claim against the ocean Carrier, where applicable, shall be given to the ocean Carrier, and suit commenced as provided for in Clauses 30 and 31 hereof.  Notice of loss or damage against the participating domestic or foreign Carrier(s), where applicable, shall be filed with the participating domestic or foreign Carrier(s) and suit commenced as provided for in the terms, conditions, and provisions of said Carrier(s) Bill(s) of Lading or by the law applicable thereto.  It is understood by the Merchant, that such terms, conditions, and provisions, as they pertain to notice of, and claim for, loss or damage and commencement of the suit, contain different requirements than these requirements pertaining to ocean Carriage as contained in Clauses 30 and 31 hereof.

5.  The Goods carried hereunder are subject to all the terms and provisions of the Carriers applicable Tariff or Tariffs on file with the Federal Maritime Commission, Interstate Commerce Commission, or any other regulatory body which governs a particular portion of this carriage, and the terms and provisions of the said Tariff or Tariffs are hereby incorporated herein as part of the Terms and Conditions of this Bill of Lading.  Copies of the relevant provisions of the applicable Tariff or Tariffs are obtainable from the Carrier, Federal Maritime Commission, or other regulatory body upon request.  In the event of any conflict between the terms and provisions of such Tariff or Tariffs and the Terms and Conditions of this Bill of Lading, this Bill of Lading shall prevail.

6.  The Merchant warrants that in agreeing to the Terms and Conditions hereof, he is, or has the authority of, the person owning or entitled to the possession of the Goods and this Bill of Lading.

7.  (a) The Carrier shall be entitled to sub-contract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, handling, and any and all duties whatsoever undertaken by the Carrier in relation to the Goods.

(b) As to through transportation, the Carrier undertakes to procure such services as necessary and shall have the right at its sole discretion to select any mode of land, sea, or air transport and to arrange participation by other Carriers to accomplish the combined transport from place of receipt to place of delivery.  Whenever any stage of the combined transport is accomplished by any land or air Carrier or any other water Carrier each such stage shall be controlled according to any law compulsorily applicable to such stage and according to the contracts, rules, and tariffs of each participating Carrier, the same as if such contracts, rules, and tariffs were fully set forth herein.

8.  The Carrier shall be entitled but under no obligation to open any Container at any time and to inspect the contents unless applicable law prohibits same if it thereupon appears that the contents or any part thereof cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measures in relation to the Container or its contents or any part thereof, the Carrier may abandon the transportation thereof and/or take any measures and/or incur any reasonable additional expense to carry or to continue the carriage or to store the same ashore or afloat undercover or in the open, at any place, which storage shall be deemed to constitute due delivery under this Bill of Lading.  The Merchant shall indemnify the Carrier against any responsible additional expense as incurred.

9.  Carrier may containerize any Goods or packages.  Containers may be stowed on deck or under the deck and when so stowed shall be deemed for all purposes to be stowed under the deck, including for General Average and U.S. Carriage of Goods by Sea Act, 1936 and similar legislation.

10.  Deck cargo (except Goods carried in containers on deck) and live animals are received and carrier solely at the Merchant’s risk (including accident or mortality of animals), and the Carrier shall not, in any event, be liable for any loss or damage thereto arising or resulting from any matters mentioned in Section 4. Subsection 2 (a) to (p).  Inclusive, of the United States Carriage of Goods by Seas Act, or from any other cause whatsoever not due to the fault of the Carrier, any warranty of seaworthiness in the promises being hereby waived, and the burden of proving liability being in all respects upon the Merchant.  Except as provided above, such shipments shall be deemed Goods and shall be subject to all terms and provisions of this Bill of Lading relating to Goods.

11.  Special containers with heating or refrigeration units will not be furnished unless contracted expressly in writing at the time of booking and, when furnished, may entail an increased freight rate of charge.  Shipper shall advise Carrier of desired temperature range when delivering Goods to Carrier, and Carrier shall exercise due diligence to maintain the temperature within a reasonable range while the containers are in its custody and control.  The Carrier does not, however, accept any responsibility for the functioning of heated or refrigerated containers not owned or leased by the Carrier.

12.  The scope of the voyage herein contracted for shall include usual or customary or advertised ports of call whether named in this contract or not, also ports in or out of the advertised, geographical or usual route or order, even though in proceeding thereto the vessel may sail beyond the port of discharge named herein or in a direction contrary thereto, or return to the original port, or depart from the direct or customary route and includes all canals, straits, and other waters.  The vessel may call at any port for the purpose of the current, prior, or subsequent voyages.  The vessel may omit to call at any port whether scheduled or not, and may call at the same port more than once, may discharge the Goods during the first or subsequent call at the port of discharge, may for matters occurring before or after loading, and either with or without the Goods on board, and before or after proceeding towards the port of discharge, adjust compasses, dry dock with or without cargo on board, stop for repairs, shift berths, make trial trips or tests, take fuel or stores, remain in port, lie on the bottom, aground or at anchor, sail with or without pilots, tow and be towed, and save or attempt to save the life of a property, and all of the foregoing are included in the contract voyage.  The vessel may carry contraband, explosives, munitions, warlike stores, hazardous cargo, and sail armed or unarmed, and with or without convoy. The Carrier’s sailing schedules are subject to change without notice, both as to the sailing date and date of arrival.  If this is a Through Bill of Lading, no Carrier is bound to transport the shipment by any particular train, truck, aircraft, vessel, or other means of conveyance, or in time for any particular market or otherwise.  No Carrier shall be liable for delay and any Carrier shall have the right to forward the Goods by substitute Carrier.

13.  If at any time the performance of the contract evidenced by this Bill of Lading is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of whatsoever kind which cannot be avoided by the exercise of reasonable endeavors, the Carrier (whether or not the transport is commenced) may without notice to the Merchant treat the performance of this contract as terminated and place the Goods or any part of them at the Merchant’s disposal at any place or port which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease.  The Carrier shall nevertheless be entitled to full freight and charges on Goods received for transportation and the Merchant shall pay any additional costs of carriage to and delivery and storage at such place or port.

14.  If the Carrier makes a special agreement, whether by stamp hereon or otherwise, to deliver the Goods at a specified dock or place, it is mutually agreed that such agreement shall be construed to mean that the Carrier is to make such delivery only if, in the sole judgment of the Carrier, the vessel can get to, be at, and leave said dock place, always safely afloat, and only if such dock or place available for immediate receipt of the Goods and that otherwise the Goods shall be discharged as otherwise provided in this Bill of Lading whereupon all responsibility of Carrier shall Cease.

15.  The port authorities are hereby authorized to grant a general order for discharging immediately upon arrival of the vessel and the Carrier, without giving notice either of arrival or discharge, may, immediately upon arrival of the vessel at the designated destination, discharge the Goods continuously, Sundays and Holidays included, at all such hours by day or by night as the Carrier may determine no matter what the state of the weather or custom of the port maybe.  The Carrier shall not be liable in any respect whatsoever if heat or refrigeration or special cooling facilities shall not be furnished during loading or discharge or any part of the time that the Goods are upon the wharf, craft, or other loading or discharging place. Landing and delivery charges and pier dues shall be at the expense of the Goods unless included in the freight herein provided for, if the Goods are not taken away by the consignee by the expiration of the next working day after the goods are at his disposal, the Goods may, at Carrier’s option and subject to Carrier’s lien, be sent to store or warehouse or be permitted to lie where landed, but always at the expense and risk of the Goods.  The responsibilities of the Carrier in any capacity shall altogether cease and the Goods shall be considered to be delivered and at their own risk and expense in every respect when taken into the custody of Customs or other Authorities, or into that of any municipal or governmental concessionaire or depository.  The Carrier shall not be required to give any notification of disposition of the Goods, except as may be otherwise provided in this Bill of Lading.

16.  At ports or places where, by local law, authorities, or custom, the Carrier is required to discharge cargo to lighters or other craft, or where it has been so agreed, or where wharves are not available which the ship can get to, lie at, or leave, always safely afloat, or where conditions prevailing at the time render discharge at a wharf dangerous, imprudent, or likely to delay the vessel, the Merchant, shall promptly furnish lighters or other craft to take delivery alongside the ship, at the risk and expense of the Goods.  If the Merchant, fails to provide such lighters or other craft, the Carrier, acting solely as agent for the Merchant, may engage such lighters or other craft at the risk and expense of the Goods.  Discharge of the Goods into such lighters or other craft shall constitute proper delivery, and any further responsibility of Carrier with respect to the Goods shall thereupon terminate.

17.  The Carrier shall have the liberty to comply with any order or directions or recommendations in connection with the transport under this contract of carriage given by any Government or Authority or anyone acting or purporting to act on behalf of such Government or Authority, or having, under the terms of the mortgage or insurance on the vessel or other transport, the right to give such orders, directions or recommendations.   Discharge or delivery of the Goods in accordance with the said order or directions or recommendations shall be deemed a fulfillment of the contract.  Any extra expense incurred in connection with the exercise of the Carrier’s liberty under this clause shall be paid by the Merchant in addition to freight and charges.

18.  Whenever the Carrier or Master may deem it advisable, or in any case where Goods are destined for a port(s) or place(s) at which the vessel or participating carriers will not call, the Carrier may, without notice, forward the whole or any part of the shipment, before or after loading at the original port of shipment or any other place or places even though outside the scope of the voyage or the route to or beyond the port of discharge of the destination of the Goods, by water, by land or by air or by any combination thereof, whether operated by the carrier or others and whether departing or arriving or scheduled to depart or arrive before or after the ship expected to be used for the transportation of the shipment.  The Carrier may delay forwarding awaiting a vessel or conveyance in its own service or with which it has established connections.  In all cases where the shipment is delivered to another Carrier or to a lighter, Port Authority, warehousemen or another bailee for transshipment, the liability of this carrier shall absolutely cease when the Goods are out of its exclusive possession and shall not resume, until the Goods again come into its exclusive possession, and the responsibility of this Carrier during any such period shall be that of an agent of the Merchant, and this Carrier shall be without any other responsibility whatsoever.  The Carriage by any transshipping or on-Carrier and all transshipment or forwarding shall be subject to all the terms whatsoever in the regular form of a bill of lading, consignment note, contract, or other shipping documents used at the time by the Carrier performing such transshipment or forwarding.

19.  In any situation whatsoever and wheresoever occurring and whether existing or anticipated before commencement of or during the combined transport, which in the judgment of the Carrier or the Master is likely to give rise to risk of capture, seizure, detention damage, delay or disadvantage or loss to the Carrier or any part of the Goods, to make it unsafe, imprudent or unlawful for any reason to receive, keep, load, or carry the Goods, or commence or proceed on or continue the transport or to enter or discharge the Goods or disembark passengers at the port of discharge, or the usual or agreed or intended place of discharge or delivery, or to give rise to delay or difficulty in proceeding by the usual or intended route the Carrier or the Master may decline to receive, keep, load or carry the Goods or may devan container(s) contents or any part thereof and may require the Merchant to take delivery of the Goods at the place of receipt of any other point in the combined transport and upon failure to do so, may warehouse the Goods at the risk and expense of the Goods.  The vessel, whether or not proceeding towards or entering or attempting to enter a port of discharge, or reaching or attempting to reach a usual place of discharge therein, or attempting to discharge the shipment, may discharge the Goods and/or devan the contents of any container(s) at another port, depot, lighter, craft, or another place, or may forward or transship them as provided in this Bill of Lading, or the Carrier or the Master may retain the Goods, vanned or unvanned, onboard until the return of the vessel to the port of loading or to the port of discharge or until such time as the Carrier or the Master thinks advisable and discharge the Goods at any place whatsoever as herein provided.  The Carrier or the Master is not required to give notice of such devanning or of discharge of the Goods or of the forwarding thereof as herein provided.  When the Goods are discharged from the ship, as herein provided, such shall be at the risk and expense of the Goods.  Such discharging shall constitute complete delivery and performance under the contract and the Carrier shall be free from any further responsibility unless it is shown that any loss or damage to the Goods arose from Carrier’s negligence in the discharge and delivery as herein provided, the burden of establishing such negligence being on the Merchant.  For any service rendered to the Goods as hereinabove provided or for any delay or expense to the vessel caused as a result thereof, the Carrier shall be entitled to reasonable extra compensation and shall have a lien on the Goods for such carriage.  Notice of disposition of the Goods shall be mailed to the shipper or consignee named in this Bill of Lading.  Goods shut out from the vessel named herein for any cause may be forwarded on a subsequent vessel of this Line or at Carrier’s option, on a vessel of another Line, or by another mode of transportation.

20.  Notwithstanding the foregoing the Carrier shall neither be liable therefore nor concluded as to the correctness of any such marks, descriptions, or representations.  When any cargo unit owned or leased by Carrier is packed or loaded by a shipper or its agent, or discharged by the consignee or its agent, shipper, consignee, receiver, holder of this Bill of Lading, owners of the Goods and person entitled to the possession of the Goods shall be and remain liable, jointly and severally, for any loss or damage to the cargo unit during such loading or discharge, howsoever occurring, until the cargo unit is returned to Carrier’s custody and, at tariff rates, for any delay beyond the time allowed for such loading or discharge, and for any loss, damage or expense incurred by Carrier as a result of the failure to return the cargo unit to the Carrier in the same sound condition and state of cleanliness as when received by the shipper.  Such loss, damage, expense, or delay shall constitute a lien on the Goods.  Where a cargo unit is to be unpacked or unloaded by the consignee or its agent, the consignee or its agent shall promptly unpack or unload such cargo unit and take delivery of its contents.  Irrespective of whether the Goods are damaged or not, the Carrier shall not be liable for loss or damage caused to the Goods by or during such unpacking or loading.

21.  When containers, vans, trailers, transportable tanks, flats, palletized units, and all other packages (all hereinafter referred to generically as “cargo units”) are not packed or loaded by Carrier, such cargo units shall be deemed shipped as “Shipper’s weight load and count”.  Carrier has no reasonable means of checking the quantity, weight, condition, or existence of the contents thereof, and does not represent the quantity, weight, condition, or existence of such contents, as furnished by the shipper and inserted in this Bill of Lading, to be accurate, and shall not be liable for non-receipt or misdescription of such contents.  Carrier shall have no responsibility or liability whatsoever therefore or for the packing, loading, securing, and/or stowage of contents of such cargo units, or for loss or damage caused thereby or resulting therefrom, or for the physical suitability or structural adequacy of such cargo units property to contain their contents. The Merchant, whether principal or agent, by packing or loading the cargo unit and/or by allowing the cargo unit to be so packed or loaded represents, guarantees and warrants: 
(a) that the Goods are properly described, marked, and safely and securely packed in their respective cargo units; that such cargo units are physically suitable, sound, and structurally adequate property to contain and support the Goods during handling and on the transport, and that the cargo units may be handled in the ordinary course without damage to themselves or to their contents, or to the vessel or conveyance or to their other cargo, or property, or persons;
(b) that all particulars with regard to the cargo units and their contents, and the weight of each said cargo unit, are in all respects correct; and
(c) that they have ascertained and fully disclosed in writing to the Carrier and all participating Carriers on or prior to shipment, any condition, ingredient, or characteristic of the Goods which might indicate that they are inflammable, explosive, corrosive, radioactive, noxious, hazardous, or dangerous in nature, or which might cause damage, injury or detriment to the Goods, or to the vessel, conveyance or other cargo or to property or persons and that they have complied fully with all statutes, ordinances, and regulations of the Department of Transportation of the United States of America and all other regulatory bodies with respect to labeling, packaging, and preparation for shipment of all such Goods.  The shipper, consignee, receiver, holder of this Bill of Lading, owner of the Goods, and the person entitled to the possession of the Goods jointly and severally agree fully to protect and indemnify Carrier, and to hold it harmless in respect of any injury or death of any person, or loss or damage to cargo or cargo unit or any other property, or to the vessel or conveyance or expense or line arising out of damage to cargo or cargo unit or any other property, or to the vessel or conveyance or expense or fine arising out of or in any way connected with breach of any of the foregoing representations or warranties, howsoever occurring, even without fault of the shipper, consignee and/or owner of the Goods and even though such injury, death, loss or damage is caused in whole or in part by fault of the Carrier or unseaworthiness.

22.  The Merchant and the Goods themselves shall be liable for and shall indemnify the Carrier, and the Carrier shall have a lien on the Goods for all expenses of mending, repairing, fumigating, repacking, coopering, bailing, reconditioning of the Goods and gathering of loose contents of packages; also for expenses for repairing containers damaged while in the possession of the Merchant for demurrage on containers and any payment, expense, fine, dues, duty, tax, impost, loss, damage or detention sustained or incurred by or levied upon the Carrier, vessel or conveyance in connection with the Goods, howsoever caused, including any action or requirement of any government or governmental authority or person purporting to act under the authority thereof, seizure under legal process or attempted seizure, incorrect or insufficient marking, numbering or addressing of containers, packages or description of the contents, failure of the Merchant to procure consular, Board of Health or other certificates to accompany the Goods or to comply with laws or regulations of any kind imposed with respect to the Goods by the authorities at any port or place or any act or omission of the Merchant.  The Carrier’s lien shall survive delivery and may be enforced by private or public sale and without notice.

23.  Freight shall be payable, at Carrier’s option, on actual gross intake weight or measurement or any actual gross discharge weight or measurement or on a value or other basis.  Freight may be calculated on the basis of the particulars of the Goods furnished by the shipper herein, but the Carrier may as previously stated herein, at any time open the packages or containers and examine, weigh, measure, and value the Goods (unless applicable law prohibits same).  In case the shipper’s particulars are found to be erroneous and additional freight payable, the Merchant and the Goods shall be liable for any expense incurred for examining, weighing, measuring, and valuing the Goods.  Full freight shall be paid on damaged or unsound Goods.  Full freight hereunder to place of delivery named herein and advance charges (including on carriers) shall be considered completely earned on receipt of the Goods by the Carrier, whether the freight is stated or intended to be prepaid or to be collected at destination;  and the Carrier shall be entitled to all freight and charges, extra compensation, demurrage, detention, General Average, claims and any other payments made and liability incurred with respect to the Goods, whether actually paid or not, and to receive and retain them irrevocably under all circumstances whatsoever, vessel, conveyance and/or cargo lost, damaged or otherwise, or the combined transport changed, frustrated or abandoned in case of forced abandonment or interruption of the combined transport for any cause, any forwarding of the Goods or any part thereof shall be at the risk and expense of the Goods.  All unpaid charges shall be paid in full, without any offset, counterclaim, or deduction in the currency of the place of receipt, or, in the currency of the place of delivery at the demand rate of New York exchange as quoted on the day of Goods receipt by originating Carrier at the place of Origin. The Merchant shall be jointly and severally liable to the Carrier for the payment of all freight charges and the amounts due to the Carrier, and for any failure of either or both to perform his or their obligations under the provisions of this Bill of Lading, and they shall indemnify the Carrier against, and hold it harmless from, all liability, loss, damage and expense which the Carrier may sustain or incur arising or resulting from any such failure of performance by the Merchant.  Any person, firm, or corporation engaged by any party to perform forwarding services with respect to the cargo shall be considered the exclusive agent of the Merchant for all purposes and any freight to such person, firm or corporation shall not be considered a payment to the Carrier in any event.  Failure of such person, firm, or corporation to pay any part of the freight to the Carrier shall be considered a default by the Merchant in the payment of the freight. The Carrier shall have a lien on the Goods and any documents relating thereto, which shall survive delivery, for all freight charges and damages of any kind whatsoever, and for the costs of recovering same, including expenses incurred in preserving this lien, and may enforce this lien by public or private sale and without notice.  The shipper, consignee, receiver, holder of this Bill of Lading, owner of the Goods, and the person entitled to the possession of the Goods shall be jointly and severally liable to the Carrier for the payment of all freight, charges, and damages to aforesaid and for the performance of the obligations of each hereunder.

24.  Carrier shall not be liable for any consequential or special damages and shall have the option of replacing lost Goods or repairing damaged Goods. 

25.  The weight or quantity of any bulk cargo inserted in this Bill of Lading is the weight or quantity as ascertained by a third party other than the Carrier, and Carrier makes no representation with regard to the accuracy thereof.  This Bill of Lading shall not be deemed evidence against the Carrier of receipt of Goods or the weight or quantity so inserted in the Bill of Lading.

26.  Neither the Carrier nor any corporation owned by, subsidiary to nor associated or affiliated with the Carrier shall be liable to answer for or make good any loss or damage to the Goods occurring at any time and even though before loading on or after discharge from the ship, by reason or by means of any fire whatsoever, unless such fire shall be caused by its design or neglect, or by its actual fault or privity.  In any case, where this exemption is not permitted by law, Carrier shall not be liable for loss or damage by fire unless shown to have been caused by Carrier’s negligence.

27.  If the vessel comes into collision with another vessel as a result of the fault or negligence of the other vessel and any act, neglect, or default of the Carrier, Master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the vessel, the Merchant will indemnify the Carrier against all loss or liability to the other or non-carrying vessel or her owners insofar as such loss or liability represents a loss of, or damage to, or any claim whatsoever of the Merchant paid or payable by the other or non-carrying vessel or her owners to the Merchant and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying vessel or Carrier. The foregoing provisions shall also apply where the owners, operators, or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision, contact, stranding, or other accident.  This provision is to remain in effect in other jurisdictions even if unenforceable in the Courts of the United States of America.

28.  General Average shall be adjusted, stated, and settled according to York-Antwerp Rules 1974, except Rule XII thereof, at such port or place as may be selected by the Carrier and as to matters not provided for by these Rules, according to the Laws and Usages of New York. In such adjustment, disbursements in foreign currencies shall be exchanged into United States money at the rate prevailing on the dates made and allowances for damage to cargo claimed in foreign currency shall be converted at the rate prevailing on the last day of discharge at the port or place of final discharge of such damaged cargo from the ship.  Average agreement or bond and such additional security as may be required by the Carrier must be furnished before delivery of the Goods.  Such cash deposit as the Carrier or his agents may deem sufficient as additional security for the contribution of the Goods and for any salvage and special charges thereon shall, if required, be made by the Goods, shippers, consignees, or owners of the Goods to the Carrier before delivery of the Goods.  Notwithstanding anything hereinbefore contained, such deposit shall at the option of the Carrier be payable in United States currency and be remitted to the adjusted pending settlement of the General Average, and refunds of credit balances, if any, shall be paid in United States currency.  In addition to the circumstances dealt with in the 1974 York-Antwerp Rules, it is agreed that if the Carrier has used due diligence in the stowage of cargo and if the safe prosecution of the voyage is thereafter imperiled in consequence of the disturbance of stowage.  The costs of handling, discharge, reloading, and re-stowing cargo shall be allowed in General Average, even though the handling of cargo is not necessary for the purpose of effecting repairs to the vessel. In the event of an accident, danger, or disaster, before or after commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which the Carrier is not responsible by statute, contract to otherwise, the Goods, the shipper, consignee, receiver, holder of this Bill of Lading, owner of the Goods and person entitled to the possession of the Goods, jointly and severally, shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the Goods if a salvaging ship is owned or operated by the carrier salvage shall be paid for as fully and in the manner as if such salving ship or ships were owned or operated by strangers.  Cargo’s contribution in General Average shall be paid to the shipowner even when such average is the result of fault, neglect, or error of the Master, pilot, officers, or crew.  The Merchant expressly renounces any and all codes, statutes, laws, or regulations which might otherwise apply. 

29.  In case of any loss or damage to or in connection with Goods exceeding in actual value the equivalent of $500 lawful money of the United States, per package, or in case of Goods not shipped in packages, per shipping unit, the value of the Goods shall be deemed to be $500 per package or per shipping unit.  The Carrier’s liability, if any, shall be determined on the basis of a value of $500 per package or per shipping unit or pro rata in case of partial loss or damage, unless the nature of the Goods had a valuation higher than $500 per package or per shipping unit shall have been declared by the shipper before shipment and inserted in this Bill of Lading, and extra freight paid if required.  In such case, if the actual value of the Goods per package or per shipping unit shall exceed such declared value, the value shall nevertheless be deemed to be declared value, and the Carrier’s liability, if any, shall not exceed the declared value and any partial loss or damage shall be adjusted pro rata on the basis of such declared value.  The words “shipping unit” shall mean each physical unit or piece of cargo not shipped in a package, including articles or things of any description whatsoever, except Goods shipped in bulk, and irrespective of the weight or measurement unit employed in calculating freight charges. Where containers, vans, trailers, transportable tanks, flats, palletized units, and other such packages are not packed by the Carrier, each individual such container, van, trailer, transportable tank, palletized unit, and other such package including in each instance its contents, shall be deemed a single package and Carrier’s liability limited to $500, with respect to each such package.

30.  As to loss or damage to the Goods or packages occurring or presumed to have occurred during an ocean voyage, unless notice of loss of or damage and the general nature of it be given in writing to the Carrier or its agent at the port of delivery before or at the time of the removal of the Goods or packages into the custody of the person entitled to delivery thereof under this Bill of Lading or, if the loss or damage be not apparent, within three consecutive days after delivery at the port of discharge, such removal shall be primo facto evidence of the delivery by the Carrier of the Goods or packages as described in this Bill of Lading.

31.  As to loss or damage to the Goods or package occurring to presumed to have occurred during ocean-carriage, the Carrier and the vessel shall be discharged from all liability in respect of loss, damage, misdelivery, delay, or in respect of any other breach of this contract and any claim whatsoever with respect to the Goods or packages unless suit is brought within one year after delivery of the Goods or package or the date when the Goods or package should have been delivered.  Suit shall not be deemed brought unless jurisdiction shall have been obtained over the Carrier and/or the vessel by service of process or by an agreement to appear.

32.  Gold, silver, specie, bullion, or other valuables, including these named or described in Sec. 4281 of the Revised Statutes of the United States, will not be received by the Carrier unless their true character and value are disclosed to the Carrier and a special written agreement, therefore, has been made in advance, and will not, in any case, be loaded or landed by the Carrier.  No such valuables shall be considered received by or delivered to the Carrier until brought aboard the ship by the shipper and put in the actual possession of and a written receipt, therefore, is given by the Master or other officer in charge.  Such valuables will only be delivered by the Carrier aboard the ship on presentation of bills of lading properly endorsed and upon such delivery on board the Carrier’s responsibility shall cease.  If delivery is not taken promptly after the ship’s arrival at the port of discharge, the Goods may be retained aboard or landed or carried on, solely at the risk and expense of the Goods.

33.  It is agreed that superficial rust, oxidation, or any like condition due to moisture, is not a condition of damage but is inherent to the nature of the cargo; and acknowledgment of receipt of the Goods in apparent good order and condition is not a representation that such condition of rust oxidation and the like did not exist on receipt.

34.  Nothing in this Bill of Lading shall operate to deprive the Carrier of its statutory protection or exemption from, or limitation of, liability, contained in the laws of the United States, or in the laws of any other country which may be applicable.  This Bill of Lading shall be construed according to the laws of the United States and the Merchant agrees that any suits against the Carrier shall be brought in the Federal Courts of the United States.  The terms of this Bill of Lading shall be separable, and if any part or term hereof shall be held invalid, such holding shall not affect the validity or enforceability of any other part or term hereof.

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Information We Collect
When you register for an account on our website, we will collect pertinent information from you. We will also collect information when you place an order, enter any FREIGHTLEAD contests/sweepstakes, or if you respond to a survey or email communication.

When you place an order or register for an account, we will ask you for your name, email address, mailing and shipping address, and phone number. Credit card information will only be collected when an order is placed with a representative over the phone. Credit card information is never saved in our systems. Please note that you will be asked each time to provide your credit card information due to our privacy policy.

Gift recipients will need to provide their name and shipping address for shipping purposes. This is necessary to fulfill the gift purchase and will not be used for marketing purposes.

Please refer to the cookies information section below for information about cookies.

Protecting visitor’s information
Your information is housed behind secured networks. This information is only accessible by people who have access rights and have signed confidentiality agreements.

When you place an order or access your account, we offer a secured server. Any sensitive information is transmitted via a secure server (SSL) technology and encrypted. Credit card or financial information is not stored or kept.

Use of Your Information
Support and Communication: We may use the data you provide or that we collect through our website to improve our website, products, or services or to contact you from time to time to provide you with important information and notices relating to our website or products.

Marketing and Promotion Materials: We may use the data you provide or that we collect through our website to provide you with updates, offers, or promotions.
On occasion, we may use your information for marketing products and services to you via email.

If you wish to unsubscribe from receiving marketing communications from us, please follow the link in each email you receive from us to unsubscribe from receiving further marketing communications.

Alternatively, you may contact us at [email protected] to be removed from any mailing list.

Advertising and Third Party Content and Links: On occasion, we may work with advertisers and outside advertising networks. We may provide these advertisers and networks with the ability to collect data about how you interact with our website.

These advertisers may use cookies to track the actions of users online. We do not have access or control over cookies that third-party partners may use.

Further use of your information
We may use the information we collect from you when you register or purchase products, visit our site in the following ways:

• More personalized shopping experience
• Better Customer Service handling
• Quicker transaction processing
• For contests, emails, surveys, etc.

Purchases and Payment Processors: When you make a purchase through our website, you have the option to pay using a third-party payment service such as PayPal or Amazon Pay.

Any information collected by any third-party payment service is for processing your payment.

Information collected from you by these third-party payment services is governed by the service’s privacy policy. You should always review the privacy policy prior to submitting any information to the third-party payment service.

Information we may disclose to outside parties
We do not sell, trade, or transfer to outside parties your personally identifiable information unless we provide you with
advance notice except as described below.

The term “outside parties” does not include website hosting partners and other parties who assist us in operating our site or business. All parties agree to keep this information confidential.

Social Media and Sharing: We may use social networking, “share functionality” or links to third-party social media sites
that are not owned or controlled by us.

We have no control over and assume no responsibility for any content, privacy policies, or practices of any third-party site or application.

We encourage you to review the privacy policies and settings on any social media site that you interact with in order to make sure you understand the information that may be collected, used, or shared.

As Required By Law or to Protect the Rights and to Comply with Our Policies: If required and to the extent permitted by law, we will disclose your information to government authorities including national security or law enforcement agencies. We will also provide the said information in response to a subpoena or court order.

Third-party links
On occasion, we may include third-party links on our site. These third-party linked sites have separate and independent privacy
policies that you should review.

We have no responsibility or liability for the content and activities of any third-party link or site. However, if you have any issues or feedback pertaining to a third-party link that we have shared, please reach out to us at [email protected].

Public Data You Post through our website: If you post information on public areas on the website that data may be collected and used by us, other users of the website, and the public.

We strongly recommend that you do not post any information through the website that allows strangers to identify or locate you or that you do not want to share with the public.

Google Analytics & Interest-Based Advertising
We utilize automatic data collection (Google Analytics) to collect information about your site visit. We do this to help us know our audience and to improve your shopping experience.
• Data collected may include, but is not limited to:
o demographic information
o system details
o onsite behavior
o completed actions
• We may allow third-party sites to advertise on our behalf. These entities may use cookies or other technologies.
• You have the right to update, correct, or modify the information we may have about you at any time by logging in to your
account or emailing us at [email protected].
• You may also adjust your information directly with Google on their “Ad Personalization Settings” page.

We have no responsibility or liability for the content and activities of any third-party link or site. However, if you have any issues or feedback pertaining to a third-party link that we have shared, please reach out to us at [email protected]

Public Data You Post through our website: If you post information on public areas on the website that data may be collected and used by us, other users of the website, and the public.

We strongly recommend that you do not post any information through the website that allows strangers to identify or locate you or that you do not want to share with the public.

How we use “cookies”
Cookies are files that a website or its service provider transfers to your computer’s hard drive through your browser. It enables the website or service provider’s systems to recognize and remember certain information.

Cookies help us process the items in your shopping cart. We also use cookies to compile data about traffic and interactions on our site.

Opt-Out Options
• Users who wish not to have their data collected with Google Analytics can install the opt-out browser add-on which prohibits information from being sent to Google Analytics.
• You may opt-out by calling/chatting/emailing/texting us via [email protected] for opt-out emails
• You may opt out by choosing the opt-out option available at the bottom of all email communication

EU Users – GDPR
Processing of your personal data will comply with the GDPR Regulations of the European Parliament and of the Council known as the General Data Protection Regulation (“GDPR”).

To request access to or correction of your personal data, please email [email protected].

Please include your registration information you provided on your account or order. We may ask for additional information for identification purposes.

If you’d like us to delete information that you have provided through our website, please contact us at [email protected].

Please note that some or all the information you provide may be required or maybe automatically retained in backup storage.

Nevada & California Residents
Nevada Residents – You can submit a request asking us not to disclose certain personal information that we maintain. To submit this request, please contact us by email at [email protected].

CA Residents – This section contains the disclosures required by the California Consumer Privacy Act (“CCPA”) and applies only to information that is subjected to the CCPA.

To request access to or correction of your personal data you may send an email to [email protected].

Please include your registration information you provided for your account or order. We may ask for additional information to verify identity.

If you’d like us to delete information that you have provided, please contact us at [email protected].

Please note that some or all of the information you provided may be required or maybe automatically retained in backup storage.

You may request a notice identifying the categories of personal information we share with our affiliates or third parties and the contact information.

If you would like a copy of this notice, please submit a written request to [email protected].

Policy Changes
Policy changes will be posted to this page upon implementation.

Policy changes will apply only to information collected after the date of the change.

This policy was last modified on December 16, 2019. Alternatively, you may contact [email protected] with any questions.

Please note; that acceptance of products or refunds after we have disclosed our policies is acceptance of said policies.

Questions and feedback
Please send any feedback to: [email protected].

Your consent
By using our site, you consent to our privacy policy.

Please note: acceptance of products or refunds after we have disclosed our policies is acceptance of the said policies

US LTL – FTL Terms & Conditions

Freightlead LLC offers the rate quotes based on the information given by the client.  Therefore, every rate quotation which is given by automated rate tool or by freight quote specialist will be subject to below mentioned terms.

• Freight should be paid in USA (payable to Freightlead LLC) if otherwise is not agreed on.
• Rate quote is on Port to Port basis (unless otherwise is agreed/specified).
• Ocean Freight rates are valid for 21 days (unless otherwise is agreed/specified).
• Air Freight rates are valid for 10 days (unless otherwise is agreed/specified).
• Inland (LTL/FTL/DRAYAGE) trucking rates are valid for 15 days (unless otherwise is agreed/specified).
• Rates are valid for NON-HAZARDOUS, NON-Oversize (In Gauge), NON-Overweight cargo.
• Quoted rates are not included “cargo insurance” therefore, before placing an order/booking  please advise if you would like to purchase ‘cargo insurance’ for your shipment.
• Rates are valid for mentioned cargo dims/weight/pcs. If cargo details change, rates are subject to change.
• Rates are subject to carrier’s availability, GRI, rate adjustments, etc. valid at time of the shipment (VATOS).
• If not specifically original bill of lading is requested, a SEAWAYBILL will be issued for your shipment.
• If a vehicle/auto loading is required; original title & bill of sale must be delivered to US Customs for approval (pls contact us for details).
• Special equipment is subject to requirement and it’s subject to additional fee (such as lift gate).
• Destination import customs clearance procedures, customs duties/taxes, fees to be on customer/consignee’s responsibility & cost/account (unless otherwise is agreed/specified).
• Rate is subject to destination local charges. Destination CFS (Container Freight Station)/warehouse/port fees to be on consignee’s account (unless otherwise is agreed/specified).
• If pickup & delivery required; rate is valid for commercial pickup/delivery. Residential pickup/delivery is subject to availability and/or additional fee.
• The Shipper agrees to be responsible for all demurrage and per diem charges that may arise due to delay of shipment not attributable to FREIGHTLEAD LLC, and that FREIGHTELAD LLC has a lien against the cargo for such charges.
• The Shipper & Consignee are responsible for returning at their risk and expense the empty container(s) in sound condition with the interior brushed and clean and odor free.
• The Shipper also agrees that FREIGHTLEAD LLC has a contractual and maritime lien against cargo for non-payment or insufficient payment of freight and other charges, and that the lien extends to other or subsequent shipments of the Shipper, irrespective of whether they are carried under the same Bill of Lading.
• Full Containers: Securing and Stowing:(i) Loading, lashing, securing, blocking and bracing of cargo is to shipper’s account,(ii) carrier reserves the right to stow cargo in the best interest of the Vessel and in compliance with local, national and international rules, regulations and conventions,(iii) on deck shipments are at shipper’s risk.
• Container pickup or delivery free time is 1 hour; thereafter $100/per hour detention applies  (unless otherwise is agreed/specified).
• LTL/LCL truck pickup/or/delivery free time is 1 hour; thereafter $100/per hour detention applies.
• Customer agrees to pay warehouse storage, handling, fulfillment and other shipping related fees to FREIGHTLEAD LLC before due that. In addition; by placing a warehouse service order,  customer also agrees and approves that FREIGHTLEAD LLC has a lien right against cargo for non-payment or insufficient payment of freight/warehouse and other charges, and that the lien extends to other or subsequent shipments of the customer, irrespective of whether they are carried under the same BL/booking. By placing a warehouse service order, customer agrees that FREIGHTLEAD LLC has right to discard, donate, remove or sell the products due to non-payment or insufficient payment.

Important Information:

• Rates are valid for 30 days.  We may always ask for extension from our carriers.  Due to uncertainty and high demand, carriers unfortunately limit the validity period.
• Terminal fee may apply for special container types ( FR, OT) with min $650 per container .
• Rates are valid per container and does not include any additional charges unless otherwise is specified.
• Freight with legal weight has one (1) hour free at the terminal and one (1) hour free for loading/unloading. If the free time is exceeded there will be an additional fee added of $100 per hour.
• If the container is returned to a different rail ramp or port from the one originally picked up from, a CHASSIS SPLIT charges may apply. Depending on the SSL – charges must be confirmed prior pick up.
• If the terminal will not accept return container due to congestion, Freightlead will not be responsible any additional charges which may occur such as Dry Run, chassis, detention, per diem, storage, etc.
• Freightlead will not be responsible for any per-diem charge that may be associated to this load. The invoice can take up to one (1) to (2) two months to be sent by the SSL.
• If the ERD changes after container gate in Storage charges may occur at the port & terminal.
• Steamship lines or terminals may limit receiving of containers due to high congestion (or change of vessel schedules)  which may cause per-diem, detention, and other charges.  Freightlead will not be responsible for these charges. 
• Most carriers’ liability will not exceed $1.00 per pound, per package.  Therefore, we highly recommend insuring your cargo.  We’ll be pleased to assist you should you need our assistance with cargo insurance.
• Rate is valid for legal weight, non-Haz cargo, commercial pickup/delivery,  live load /unload    unless otherwise is specified.  Please advise if any of these conditions apply.  Our rate may change depending on these conditions.
• If pickup location (or delivery location) has special equipment requirements, please let us know.  This may affect the total rate.   (Such as,   lift gate / forklift for loading-unloading, labor, special equipped truck, etc.)
• Please note that;   this is not a guaranteed service as carriers cannot rely on the correct paperwork being used at time of pick up and/or delivery and will not be responsible for deliveries to an incorrect address.
• Please verify that all the information above (freight details) is correct, if not, please share with us the correct details. Rates are based on those information/details.
• If selected carrier arrives at pick up location for export shipments and the shipper does not load the container/truck, a pickup attempt may be charged.
• If selected carrier arrives at delivery location for import shipments and the customer does not unload/Devan the container/truck, a delivery attempt may be charged.
• Please keep in mind that certain hazmat cargo classified as explosives, toxic and/or radioactive (Hazmat Class 1, 6 and 7) will have several restrictions. We require proper documentation such as a Dangerous Goods Declaration (DGD) and Material Safety Data Sheet (MSDS) to issue the correct BOL so we can provide you with accurate carrier selections and avoid any possible inconveniences. Due to the type of shipment tendered, there could be additional transit days to consolidate the cargo at intermediate terminals. Hazmat movements cannot be dispatched as Guaranteed Service.
• Rate is applicable to non-bonded cargo only   unless otherwise is specified.
• If the pickup or delivery location is at a residential area, additional residential fee may apply. Some carriers may reject residential deliveries / pickups so pls make sure you provide these details beforehand.
• Live unload/load pricing is subject to minimum of 3 days chassis rental in addition to rate quote unless otherwise is specified.
• Provided trucking delivery / pick up rates are not valid for any drop off requirements unless specified.
• If the container arrives over the weekend additional charges such as demurrage, prepull, chassis, storage may occur.
• Any deviation to stated cargo weights or particulars, may require a quotation revision.
• If the shipment load as OW, it may subject to additional charges as well as transload charges.
• These rates may not be valid for AMAZON Whse deliveries. Since Amazon has strict rules and probable waiting time;  some carriers do not accept Amazon Whse delivery.  Others may request additional payment for such deliveries.
• Rate may be subject to equipment / power availability at time of booking.  Due to current (nationwide) trucker unavailability and high demand,  service if not guaranteed and subject to carrier approval and availability.
• It is the shipper’s responsibility that export cargo has been blocked / braced in accordance with AAR guidelines for safe overland transit.
• Import containers are accepted and processed as shipper’s load, stow, count, and seal.   Importer/receiver of cargo (or container) is responsible for cleaning of container (sweeping of dunnage, package, material etc) after unloading.
• If container arrives to following terminals or departure via following terminal;  mentioned terminal receiving charges will be added on our invoices (Long Beach pier pass fee $100/ ctr, Oakland port/terminal receiving fee $45/cntr,   South Florida Terminal receiving fee $160/cntr,   Boston port gate fee $100/cntr, Norfolk Tunnel Expansion Fee $35/cntr)
• If container arrives to following ports;  Clean Truck fee (CTF) will be added on our invoices (Long Beach and Los Angeles Ports $25/ cntr ). 
• If container departs from following port; Terminal Gate fee (TGF) will be added on our invoices ( Oakland Port Terminal Gate Fee $45/cntr ).
• If genset will not provide by shipping line, extra charges may occur.
• Chassis Detention fee of $40/per day will occur as an addition to standard Chassis fee If MSC chassis will use by carrier.
• All shipments destined to Turkiye is subject to ISPM – 15 regulations. Failure to comply will result in containers being returned to origin country or cargo being destroyed with all costs, fines and penalties on shipper`s account.  
• Freightlead will not be responsible for probable demurrage charges due to port congestion & chassis shortage. By accepting our rate offer and placing a work-order, you hereby accept these terms and conditions.

Please see below information about chassis and accessorial charges that may apply to your load:

LTL Shipments

• Rates are valid for 15 days.  We may always ask for extension from our carriers.  Due to uncertainty and high demand, carriers unfortunately limit the validity period.
• Estimated transit times are based on business days for Standard LTL shipments and are NOT guaranteed. Lift-gate, indirect shipments, inside delivery, appointment scheduling, and holiday may add additional to transit time. Quote is based on weight, class, dimensions, and special requirements provided. Price is subject to change if actual shipment weight, class or dimensions differ. Our quote doesn’t include LTL insurance, please check insurance fee with Freightlead team member if needed.
• If trucker fails to pick up the shipment, shipment may be subject to storage as it is not guaranteed shipments.
• Rates are valid for only commercial deliveries, please check the rates for residential deliveries.
• Rates are not including white glove services, inside delivery, lift gate and other additional services.
• Freightlead shall only be liable for loss, damage, or delay of the Goods which are the direct and proximate result of Freightlead negligence or gross negligence.
• Regardless of Clause, Freightlead shall not be liable for loss, damage, or delay arising from the special risks inherent in one or more of the following circumstances: the act or omission of the Customer or Owner or any person acting on their behalf:

• • Compliance with the instructions given to Freightlead by the Customer, Owner, or any other person entitled to give them;
  • Insufficiency of the packing or labeling of the goods;
  • Handling, loading, stowage, or unloading of the Goods by the Customer or Owner or any person acting on their behalf;
  • The inherent vice of the Goods;
  • Riots, civil commotions, strikes, lockouts, stoppage or restraint of labor from whatsoever cause;
  • Fire, Flood, Storm, Explosion, Or Theft; Or
  • Any cause which Freightlead could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.
  • Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty, or otherwise for any indirect or consequential loss, damage, costs, or expenses of any nature whatsoever incurred or suffered by the other Party; or for any loss of actual or anticipated profits, loss of revenue, loss of goodwill and/or business, loss of savings or any other pure economic loss whether direct or indirect.
• For Amazon pick ups/deliveries:
  • Storage and detention charges may occur based on Amazon’s appointment time/day.
  • If Amazon doesn’t accept the shipment due to packing, products needs to be repacked/repalletized as per Amazon’s requirement. Therefore additional delivery, repacking, labelling, storage etc. may occur.
  • If the label is expired, labelling may need to be redone. Amazon may re-assign a new warehouse location because of the label expiration, the given rate will be changed.