These terms and conditions of service constitute a legally binding contract between the "Company" and the "Customer". Please review below notice carefully. Accessing or using our “Services” shall be presumptive evidence that you fully understand and accept below terms and conditions, whether or not you become a registered user of the Services.
1. Definitions. (a) "Company" shall mean Forward Logistics Inc, Forward Intermodal Systems Inc, their subsidiaries, successors or assigns, related companies, including, without limitation, other authorized agents and/or representatives. (b) "Customer" shall mean the person for which the Company is rendering service, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, Customs brokers, warehousemen, buyers and/or sellers, shipper's agents, insurers and underwriters, consignees, etc. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives. (c) “Services” shall mean the use of our Sites, Services, and Applications.
2. Quotations Not Binding. Quotations as to delivery charges, warehousing charges, or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice. All rate estimates are valid for 15 days, and subject to availability and current fuel surcharge. Fuel surcharge percentage shall be subject to a monthly adjustment. No quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer. In the event the Company provides quotations that contain additional Terms and Conditions governing such services, such Terms and Conditions set forth shall be supplemental and also apply to the corresponding Services. Final charges are subject to change depending on actual scope of work performed, including but not limited to the following:
a. Regarding fees charged by terminals on import and export containers, if you clear the charge then there will be no extra charges. An administrative fee shall apply if you need us to advance charges. All fees need to be cleared before terminal appointment is allowed to be scheduled.
b. Fees charged by terminals are subject to change by the corresponding party.
c. In case of any unforeseeable events beyond our control, including but not limited to terminal appointment requirement, customer delivery schedule, Port shut off and congestion, chassis shortage, labor issue, etc; we are not responsible for any corresponding charges thereby incurred, including but not limited to demurrage, prepull, storage, and per diem charges.
d. Unless if specified, all quotations are based upon truck accessible industrial area.
e. Waiting time charges shall apply after free time expires. See Fee Schedule for details.
a. Regarding fees charged by airlines or warehouses on import and export shipments, if you clear the charge then there will be no extra charges. An administrative fee shall apply if you need us to advance charges.
b. Fees charged by airlines or warehouses are subject to change by the corresponding party.
c. Unless if specified, all quotations are based upon truck accessible industrial area and scope of work as dock-to-dock services.
d. Waiting time charges shall apply after free time expires. See Fee Schedule for details.
I. We are adopting below Proof of Delivery (POD) methods to prove a delivery is completed. Using our Services shall be presumptive evidence that you fully understand and agree to any of below methods we provide as POD:
a. E-mail submission of POD
b. Image showing shipment ID and delivery location
c. Verbal confirmation with recipient name
II. POD may not be not available when invoices are issued.
III. All billing disputes need to be submitted to email@example.com within 10 business days of invoice date. Invoice shall be indisputable beyond above period. Undisputed amount is due by the due date shown on the invoice.
4. Insurance. Unless requested to do so in writing in sufficient time prior to order received and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer's behalf. The Company does not undertake or warrant that such insurance can or will be placed. Any specifically requested insurance placed shall be governed by the certificate or policy issued and will only be effective when accepted by such insurance companies or underwriters. In all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance. Should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and the Company shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rates as that charged or paid to the Company by the Customer or that the shipment was insured under a policy in the name of the Company. If for any reason the goods are held in warehouse, or elsewhere, the same will not be covered by insurance, unless the Company receives specific written instructions from the Customer and the Company confirms in writing.
5. No Modification or Amendment Unless Written. These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.
6. Interest Rate and Payments. Except as otherwise agreed, all outstanding amounts are due within 14 calendar days of invoice date, and shall bear interest until paid in full at one percent (1%) above the Prime Rate. Changes in the rate of interest applicable shall become effective automatically and without notice at the time of changes in the Prime Rate.
7. Declared Value. Declared value does not represent Company’s maximum liability for the shipment in case of property damage, cargo loss, public liability for injury or death to persons, and any violations of law. Customer is responsible to obtain additional cargo insurance coverage if desired. The Company’s liability is calculated based on USD$0.50 per 100 pounds, up to a maximum liability of USD$50.00 per shipment.
8. Indemnity. Customer agrees to indemnify and hold Company harmless, against all claims which may arise in relation to the Services provided, including any property damage, cargo loss, public liability for injury or death to persons, and any violations of law, except to the extent such claims are solely caused by the negligent acts or omissions of the Company or its employees. In the event the Company or its employees cause such claims by negligent acts or omissions solely, the Company’s liability is calculated based on USD$0.50 per 100 pounds, up to a maximum liability of USD$50.00 per shipment.
9. Limitation of Actions. The Customer shall verify piece count, cargo condition, and exceptions upon receipt of cargo and notify us within 24 hours for any damage, loss, or exception. Empty wooden pallets and any accessories must be returned or exchanged upon pick up / receipt of cargo except prior agreement, otherwise extra charges shall apply without notice. All claims against the Company for a potential or actual loss must be made in writing and received by the Company, within thirty (30) days of the event giving rise to claim. The failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer.
10. Severability. In the event any paragraph and/or portion of these Terms and Conditions is found to be invalid and/or unenforceable, then in such event the remainder thereof shall remain in full force and effect.
11. Confidentiality and Non-Disclosure. Company and Customer agree that the contents and terms of the Services are confidential, and neither party shall disclose any of the contents or terms unless otherwise required by law or judicial process. All information provided by the Company or the Customer shall be treated by the receiving party as proprietary and confidential and shall not be disclosed to any third party except as required by law or as necessary to provide the Services hereunder.
12. Governing Law; Consent to Jurisdiction and Venue. These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of California, without giving consideration to conflict of law principles. Customer and Company (a) irrevocably consent to the jurisdiction of the United States District Court and the State courts of California; (b) agree that any action relating to the services performed by Company, shall only be brought in said courts; (c) agree that the prevailing party in any dispute between the Company and the Customer arising in connection with the Services shall be entitled to recover all costs and fees associated with the dispute, including reasonable court costs, investigation expenses, costs of collection, and attorney and auditor fees.