Terms and Conditions

1. In tendering the shipment herein for carriage, the Shipper agrees to these Terms and Conditions between itself, including all other parties at any time having an interest in the goods, and G&G Services, Inc. (herein after referred to as “Forwarder”). This waybill is non-negotiable and has been prepared by the shipper, his authorized agent or Forwarder on the Shipper’s behalf. No agent or employee of the parties may alter the Terms and Conditions of Contract. Carriage and other services performed hereunder are subject to these conditions and to the rates, rules, classifications, and restrictions set forth in Forwarder’s Standard Rates and Rules Tariff, available from Forwarder and by reference incorporated herein, unless otherwise negotiated. This contract incorporates all the written representations and warranties of both parties and supersedes any or all oral negotiations and representations. As used in these Terms and Conditions, “Shipper” means the party, its authorized agent or representative, or any party having interest in the shipment being released to Forwarder for transport. Forwarder shall not be liable in any event for any special, incidental, or consequential damages, including but not limited to loss of profits, income, interest, utility, or loss of market, whether or not Forwarder had knowledge that such damages might be incurred.

2. All Customers are subject to credit approval. Upon credit approval, all charges are payable in US Dollars and are due upon receipt or upon agreed-upon terms. Any payment which is past due shall be subject to an additional charge at the rate of 5% per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. Overpayments do not accrue interest and are subject to New Jersey State law, including the New Jersey Unclaimed Property Statute; New Jersey Administrative Code N.J.A.C. 17:18. In the event the Forwarder retains an attorney or collection agency to collect the unpaid charges or for the enforcement of these Terms and Conditions, all unpaid charges will be subject to a late payment of 5% per month. All shippers, consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges owed to the Forwarder relating to this shipment and the Forwarder holds a warehouseman’s general lien on all tangible personal property for any outstanding balances owed to the Forwarder. The Forwarder reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information received at the time of the original quote. If additional services by the carrier were required, or as otherwise necessary to perform the pickup, transportation and delivery functions there in, Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If the Forwarder does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Forwarder.

3. Where the Forwarder issues its own waybill and receives freight charges as its compensation, Customer has the option of paying a special compensation and increasing the limit of Company’s liability up to the shipment’s actual value; however, such option must be exercised by written agreement, entered into prior to any covered transaction(s), setting forth the limit of the Company’s liability and the compensation received.

4. The Shipper certifies the following: That the information inserted on the face of the waybill is complete and the description of the contents is accurate. Shipper warrants that each package in this shipment is properly and completely described on this shipping document, is properly marked and addressed, is packaged adequately to protect the enclosed goods to insure safe transportation with ordinary care in handling, and except as noted, is in good order and condition. For articles shipped in unenclosed containers, Forwarder shall not be liable for damage/loss unless mishandling and/or loss is evident and is so noted on the delivery receipt at time of delivery. NOTE: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling.

5. Customer warrants that each package in this shipment is properly and completely described on the shipping documents, is properly marked and addressed, is packaged adequately to protect the enclosed goods to insure safe transportation with ordinary care in handling, and except as noted, is in good order and condition. The Customer is responsible for the warrants and their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. Customer further warrants that it is registered and in compliant with the security plan and training requirements, and any amendments related thereto, related to hazardous materials that they might ship, 49 C.F.R. §3172.701-704, and 49 C.F.R. §172.800-804. Customer further warrants that it will immediately advise Forwarder in the event that its registration and/or compliance with these regulations expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with all applicable laws, rules and regulations. The Forwarder assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision and any violation of any law, rule or regulation. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer. Customer agrees to indemnify Forwarder for any and all claims or damages incurred as a result of Customer’s failure to comply with the provisions of this section or any violation of any law, rule or regulation. Under no circumstances shall Forwarder be liable for loss and/or damage to the external shipping containers of any kind. A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of the shipment having received ordinary care in handling.

6. The shipper has the responsibility to prepare and present a non-negotiable Forwarder waybill with each shipment tendered for transportation. Each shipment shall be subject to Forwarder’s Terms and Conditions of Contract in effect on the date of acceptance of the shipment by Forwarder or its authorized agent. If the shipper fails to present such a waybill at the time of tender, Forwarder will accept the shipment accompanied by an alternative, non-negotiable shipping document but Forwarder’s current Terms and Conditions of Contract shall supersede any and all other terms and conditions noted on such document.

7. At time of delivery, the consignee must note on the delivery receipt any exceptions to the shipping containers that would indicate a discrepancy (shortage in the shipment or damage to the containers). The consignee may not inspect the contents of the shipping containers until the consignee signs for the shipment on the delivery receipt. NOTE: Such notations as “subject to inspection” and “subject to recount” are not exceptions. NOTE: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling. NOTE: Under no circumstances shall Forwarder be liable for loss and/or damage to external shipping containers of any kind.

8. Forwarder shall not be liable in any event for any special, incidental, or consequential damages, including but not limited to loss of profit, income, interest, utility, or loss of market share.

9. Rates and charges in effect on the day the shipment is accepted by Forwarder, or its authorized agent will apply. Except as otherwise provided, transportation rates will be assessed on the chargeable weight of the shipment using its actual or dimensional weight, whichever is greater. Dimensional weight is the volumetric weight of the shipment determined by calculating the shipment’s cubic inches using the greatest dimensions in length, width, and height per piece in inches, multiplied by the number of pieces, and divided by 194 for domestic cargo or 166 for international air cargo. In computing inches, all measurements are rounded upward to the next higher whole number prior to multiplication.

10. Forwarder shall have the right to:

1. substitute alternate carriers or other means of transportation and
2. select the routing or deviate from that shown on the face hereof.
3. Inspect shipments; however, Forwarder is not obligated to perform such inspection.

11. Forwarder, exercising due diligence, will determine the routing of all shipments. In the absence of any special instruction by the shipper, Forwarder shall have the right to substitute alternative carriers or other means of transportation to expedite the delivery of the shipment. In an event that the shipper’s special routing instructions caused Forwarder to incur additional charges, these charges will be passed on to the billable party.

12. The shipper, consignee, and billable party shall be liable, jointly and severally,

1. to pay or indemnify Forwarder for all unpaid charges of a shipment per this contract, including cost of collection
2. pay or indemnify Forwarder for all claims, fines, penalties, damages, cost, or other sums which may be incurred by Forwarder by reason of any violation of this contract or any other default.

13. Collect on Delivery (“C.O.D.”) amount of a shipment shall be deemed to be the Declared Value for carriage amount unless another value is declared. C.O.D. service is provided under the following conditions:

1. the shipper must identify the shipment as a C.O.D. shipment by entering the amount to be collected in the “Shipper’s C.O.D. Box” on the front of this waybill;
2. shipper must specify the form of payment to be received (cashier’s check or company check) in the “Check Form of Payment Box” on the front of this waybill; and
3. The sole responsibility of Forwarder shall be to secure the appropriate financial instrument as requested by the shipper, and to exercise due care and diligence in forwarding it to the shipper. Forwarder is not a guarantor of the validity of the financial instrument.
   Unless prior arrangements are made, the acceptance of cash by Forwarder and its agents for payment of freight charges and/or C.O.D. amounts is limited to a maximum of $2,500.00 per shipment and/or stop. Payment of freight charges and/or C.O.D. amounts in excess of $2,500.00 must be remitted by cashier’s check, certified check, money order, or consignee’s check as authorized by the shipper in writing.

14. U.S. Domestic Liability: The Forwarder will use the individual Carrier’s Governing Surface Freight Forwarder Rules Tariff No.001, which determines the standard liability cargo insurance coverages. Forwarder’s liability, in the absence of a higher Declared Value for carriage or cargo insurance, is limited to $50.00 per shipment or $0.50 per pound on the weight of the lost or damaged cargo, whichever is greater, except that in no event shall Forwarder’s liability exceed the actual invoice value of the goods. This limitation is subject to provisions as published in Forwarder’s Governing Rules Tariff (if any) in effect at the time of shipment. Values declared for carriage in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge.

15. Mexico Liability-Unless cargo insurance providing additional coverage has been requested and approved: Forwarder’s legal liability for trans-border, ground shipments from the U.S. to Mexico ends upon arrival at the U.S./Mexico border. Forwarder’s liability for trans-border, ground shipments from Mexico to the U.S. does not begin until the shipment has cleared the Mexico/U.S. border. Unless a greater value is declared in writing prior to shipment, Forwarder’s liability for shipments transported solely within Mexico is limited to the amount equivalent to 15 days’ minimum wage in the Federal District per ton, or proportionate share in the case of shipments of lower weight.

16. Canada Liability-Unless a greater value has been insured or declared: Forwarder’s legal liability for trans-border, ground shipments from the U.S. to Canada is governed by item 11 of these Terms and Conditions of Contract. Forwarder’s legal liability for trans-border, ground shipments from Canada to the U.S. and for shipments transported solely within Canada is limited to a maximum of $2.00 Canadian per pound computed on the total weight of the lost or damaged cargo

17. Where Declared Value coverage is available and requested in writing prior to shipment and unless each piece of the shipment has a Declared Value stated and specifically identified on the Forwarder waybill at the time of the shipment when it is so identified on the delivery receipt as being lost, damaged, misdelivered or otherwise adversely affected, Forwarder’s maximum liability, subject to any tariff provision in effect at that time, shall be the average Declared Value per pound multiplied by the packaged weight of the piece(s) adversely affected. The average Declared Value per pound shall be determined by dividing the total Declared Value of the shipment by the total weight of the shipment.

18. All claims including overcharge or duplicate billing, but excluding concealed loss or damage claims, non-delivery of international air shipments and delay of international air shipments, must be received in writing by Forwarder within 270 days of the actual or anticipated date of delivery on domestic shipments. Concealed loss and damage claims defined as claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given to Forwarder, must be reported in writing within 5 days after delivery for domestic shipments.

19. No claims with respect to a shipment, any part of which is received by the consignee, will be entertained until all transportation charges have been paid. Claims will not be deducted from the transportation charges and no claim amount may be deducted from any charges owed to Forwarder. Legal action to enforce a claim after it has been denied in writing by Forwarder, in whole or in part, must be brought within 2 years from the date the claim was disallowed for domestic shipments.

20. For any shipment valued over $25,000.00 (USD), advance approval or arrangement with Forwarder must be obtained prior to pick up.

21. Claims and Limitations of Liability: The Forwarder will process claims in accordance with 49CFR §370. All claims or disputes arising out of or in any way related to Forwarder’s services or its Terms and Conditions of Contract shall be determined under the federal law of the United States of America, without regard to its conflict of laws rules or, in the absence of such federal law, then under the laws of the State of New Jersey, without regard to its conflict of laws rules. Without prejudice to a party’s right to remove an action to federal court, the exclusive and mandatory venue for any such claims or disputes shall be the state courts in Hudson County, New Jersey or the United States District Court for the District of New Jersey in Newark, New Jersey, to the exclusion of all other courts. The parties agree to irrevocably submit to the personal jurisdiction of the above courts and to waive any jurisdictional, venue, or inconvenient forum objections to those courts. The parties further agree to waive their right to trial by jury in any of the above courts. All claims must be submitted to the Forwarder within 30 days after delivery. Claims of damages that are not readily apparent (“concealed damage”) must be submitted to the Forwarder within 3 days after delivery. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order to process a claim. Customer may not offset freight or other charges owed to Forwarder against claims for any loss damage, mis-delivery or non-delivery. The Forwarder has a lien on funds recovered through the processing of damage claims and reserves the right to apply recovery amounts to open past due invoices on account. In lieu of legal actions, any disputed claim not greater than $15,000.00 is to be settled through binding arbitration submitted to the Transportation Arbitration Board or the American Arbitration Association under its cargo claim arbitration program. An alternative arbitrator is to be selected by Forwarder if the claim is unacceptable for arbitration by both the above arbitrators.

22. In the event of litigation, arbitration or any other legal action arising under these terms and conditions or regarding a shipment transported by Forwarder, including claims for non-payment of invoices, the prevailing party shall be entitled to its reasonable attorney’s fees and costs.

23. Forwarder shall not be liable for any loss, damage, delay, mis-delivery, non-delivery or other result caused by Act of God (wind, floods, ice, storm, tornadoes, lightning, etc.), public enemies, public authorities acting with actual or apparent authority, authority of law, act or default of shipper, inherent nature or vice of the shipment, strikes, labor disputes, civil unrest, acts or omissions of Customs or quarantine officials, hazards incident to a state of war, acts of terrorism, compliance or noncompliance with delivery or special instructions, and by acts, defaults, or omissions of the shipper, consignee and any Third Party to observe these Terms and Conditions of Contract including, but not limited to improper packaging, marking, and description of the goods being transported, waybill information and rules relating to shipments not acceptable for transportation.

24. Shipper understands and agrees that if it were to file an action anywhere other than the mandatory venue under section 21, then Shipper shall be responsible for all costs, including reasonable attorneys’ fees, that Forwarder pays or incurs to transfer the action to the mandatory venue. Shipper understands and agrees that it shall reimburse Forwarder for all such costs within

25. The Customer agrees that the Forwarder shall only be liable for any loss, damage, expense or delay to the goods resulting from the gross negligence or other fault of the Company; such liability shall be limited to $0.50 per box or $50.00 maximum, or the fee charged for the services, provided that, in the case of partial loss, such amount will be adjusted pro rata. If the Customer makes specific written arrangements with the Forwarder to pay special compensation and declare a higher value and Forwarder agrees in writing, liability is limited to the amount set forth above. Customer agrees that the Forwarder shall, in no event, be liable for consequential, punitive, statutory, or special damages in excess of the monetary limit provided for above.

26. If any provision of the Contract, including the tariffs incorporated by reference, is determined to be invalid or unenforceable, the remainder of this contract shall endure and not be affected thereby.

27. All invoices not paid in full within thirty (30) days of invoice date will be subject to a charge of two percent (2%) per month of the total invoice balance.

28. The Shipper and Consignee shall hold Forwarder and its agents harmless for loss, damage, or delay which is a result of auxiliary services including but not limited to local cartage, crating, uncrating, packing and unpacking which are requested by the shipper or consignee and arranged by Forwarder as a customer service unless such service are actually performed by Forwarder or its agents. Such limitation shall extend to the selection by Forwarder of the providers of the auxiliary services. Auxiliary services are those which are performed prior or subsequent to transportation and which may be billed directly by the provider of the service or Forwarder. Providers of the auxiliary services are contractors for the Shipper or Consignee and are not agents for G&G. Under no circumstances will the liability of Forwarder for loss, damage, or delay, which is a result of any auxiliary services performed by Forwarder or its agents, be greater than the liability stated elsewhere in this contract.

29. In the event of the failure or inability of the consignee to take delivery of the shipment after forty-eight (48) hours of notice of the shipment’s arrival is given, Forwarder will notify the Shipper in writing at the address shown on the waybill and request disposition instructions. If the Shipper fails to provide disposition instructions within thirty (30) days after the date of notice by Forwarder or its agent, Forwarder will return the shipment to the Shipper at the Shipper’s expense. If the Shipper fails to accept delivery of a shipment thus returned, Forwarder may, upon thirty (30) days’ notice to the Shipper, dispose of the shipment at public or private sale and pay itself out of the proceeds to satisfy the transportation charges owing on the shipment. Any sums collected by Forwarder in excess of such transportation will be paid to the debtor. No sale pursuant to this rule will discharge any liability or lien to any greater extent than the proceeds thereof. The Shipper, the Consignee, and Third Party shall remain liable, jointly, and severally, for any deficiency.

30. The following commodities are not acceptable for carriage and Forwarder shall have no liability for them: Any shipment prohibited by law; human remains; human organs or by-products; diagnostic specimens; bonds; one of a kind items; original works of art; antiques; coins not in collections; currency and currency equivalents; furs and fur clothing; fresh foods and all other perishables (except frozen foods via refer container); gems of any kind; pearls; software licenses; electronic data; prototypes; bagged or bulk commodities; nuclear fuels; ceramics; pottery; porcelain; fine China; Class 1 explosives; Class 7 radioactive materials; securities, negotiable and non-negotiable items.

31. Where Declared Value coverage is otherwise available and requested in writing prior to shipment, the following commodities are not acceptable with a Declared Value exceeding Forwarder’s maximum, legal liability referenced elsewhere herein: Bulk products; cash in transit; cigarettes and other tobacco products; computers and/or electronic components assembled in racks; computer chips, memory modules, cards and similar; cotton; eggs; evidence for a trial; fine arts; flowers and plants; fresh foods and other perishables (except frozen foods via reefer container); household goods and personal effects; jewelry; precious stones and metals; knitting and textile machines; laptop and tablet computers and similar; live animals; metals in bulk/rolls/carto, etc.; mobile/cellular telephones; models including architectural; pharmaceutical drugs; specie; stamp collections and/or coin collections; windows, plate glass or similar products; lasers and laser equipment; server racks (when containing computers, servers and/or electronic equipment); televisions and monitors.

32. Cargo Insurance (if available) is based on Forwarder’s open insurance policy in effect at the date of acceptance of the shipment. The shipper or its agent must insert at least the full invoice value of the good(s) in the “Insured Value” field on the face of the waybill and may insert up to the full invoice value, plus Forwarder’s freight charges on the shipment, plus up to 10% of that combined total. Failure to insert at least the full invoice value of the good(s) shall reduce any insurance payment proportionately by the applicable percentage that the shipment was under insured. Value insured for carriage by the shipper at the time of receipt by Forwarder shall be subject to a valuation charge per $100.00 insured. A deductible may apply to claims on insured shipments.

33. Cargo tendered for transportation is subject to Federal Security Controls and where applicable, other governmental regulations. Copies of all relevant shipping documents showing the cargo’s shipper, consignee, commodity description and other relevant data will be retained on file for at least 30 days from the date the cargo was tendered to Forwarder. All shipments are subject to visual and physical inspection by Forwarder. Pursuant to U.S. Transportation Security Administration regulations we are required to notify you that all cargo tendered in the U.S. for transportation by air is subject to screening. Shipments may not be transported by air and must be refused for air transportation unless the shipper consents to cargo screening. This notification is required by federal regulations, applies to all shipments from the date these Terms and Conditions of Contract were first presented to you and evidence of presentation will remain on file with Forwarder for a minimum of 30 days after termination of our air cargo business relationship.

34. Insurance coverage is based on the Forwarder’s open insurance policy in effect on the date of the shipment. Failure to properly complete the Insurance Option on the face of this shipping document shall void the coverage this option affords. Failure to insert at least the full invoice value of the shipment shall reduce any insurance payment proportionately by the applicable percentage that the shipment was so under-insured. There are exceptions and/or special insuring conditions to the insurance option. Contact Forwarder for details, as the cargo insurance policy are subject to limits, terms and conditions and shall be construed to be a contract directly between the shipper and the insurer.

35. Shipments are subject to security controls by carriers and, where appropriate, by government agencies. Copies of shipping documents will be retained until the shipment(s) is delivered.