The following Terms and Conditions of Service (“Terms and Conditions”) constitutes a  legally binding contract between CargoExtra Global Logistics LLC (hereinafter referred  to as “CEGL” or “Company”) and the “Customer”. 

We have the right to change, modify or remove portions of these Terms and Conditions  at any time without notices to you. 

No variation of these Terms will be binding unless in writing and signed in accordance  with the laws of U.S.A. 

Kindly check the Terms and Conditions regularly for updates. Your continued use of  our site following the posting of changes to these Terms and Conditions constitutes  your acceptance of those changes. 

1. Definitions 

In these conditions: 

“Authority” means any duly constituted legal or administrative person(s), acting within  its legal powers and exercising jurisdiction within any nation, state, municipality, port,  or airport. 

“Cargo” means any goods, merchandise, raw materials, supplies, products, equipment  or other property that relate to or are the subject of any services rendered or to be  rendered by, through or under CEGL. 

“Carriage” means the whole or any part of the operations and services of whatsoever  nature undertaken by the Company in relation to the Goods, including but not limited to  the loading, unloading, storage, warehousing and handling of the goods. 

“Container “includes, unless otherwise indicated, any vehicle, container, flat, pallet,  trailer, transportable tank, and similar items used for the consolidation of goods. 

“CEGL” means the Company; CargoExtra Global Logistics LLC 

“Company” shall mean CargoExtra Global Logistics LLC, its subsidiaries, affiliates,  related companies, agents and/or representatives or where the Parties have not

entered into a CEGL Agreement, mean the entity providing services. 

“Customer” means any person, whether themselves an agent or a principal, at whose  request or on whose behalf the Company provides a service. 

“Dangerous Goods” includes goods that are or may become of a dangerous,  inflammable, radio-active, or damaging nature, goods liable to taint or affect other  goods, and goods likely to harbor or encourage vermin or other pests. 

“Goods” means item(s), property and commodities of any type for which CEGL is  requested to perform services. 

“Hague-Visby Rules” means the Protocol to Amend the International Convention for the  Unification of Certain Rules of Law relating to Bills of Lading, signed at Brussels on  February 23, 1968. 

“invoice” means the document created by the Carrier which includes all charges due to  the Carrier by the Shipper. 

“Montreal Convention” means the Convention for the Unification of Certain Rules for  International Carriage by Air, signed at Montreal on May 28, 1999. 

“Owner” includes the owner, shipper, and consignee of the Goods and any other Person  who has or may have a legal or equitable relationship to the goods at a relevant point  of time and anyone acting on their behalf. 

“the Parties” means the Company and the Customer and “Parties” shall be construed  accordingly. 

“Service” or “Services” shall include, but not limited to transportation, logistics, freight  forwarding or other services relating to or involving the import, export, pick-up,  handling, storage, warehousing, processing, packaging, and/or delivery of shipment or  cargo as defined herein. 

“Shipper” shall mean person, business, or corporation, as the case may be, who enters  into a contract with the Company for a shipment and/or who has control of the goods  delivered to the Company for shipment and who is in any event liable for the payment  of the freight, but also includes, where the context permits, any other person with an  interest in the goods or any part thereof; 

“Shipment” means the carriage of goods. Storage means the period of time during  which the consignment is being stored by us on behalf of the customer as set out  further in Condition.

“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. 

OBLIGATIONS OF CUSTOMER 

1. The Customer warrants that the description and particulars of the goods including,  but not limited to content, measures, quantity, condition and value are complete and  accurate and that the Goods are labelled in compliance with all laws, regulations and  requirements that may be applicable. 

2. Customer agrees to comply with all applicable laws, customs requirements, and  other governmental regulations of any country to, from, through, or over which the  goods may be carried, including those relating to the packaging, carriage, or delivery of  the goods, and Customer shall furnish such information and attach such documents to  the waybill as necessary to comply with any of such laws, customs, and regulations. 

3. Customer shall comply with, and is responsible for paying, all duties, taxes, fines,  and expenses associated all requirements of customs, port, and other authorities. 

4. Customer warrants that he is either the owner of the goods or is authorized by the  owner to accept these Terms on the owner’s behalf. 

5. The Customer acknowledges and agrees that we may sub-contract provision of the  services to a carrier or third party and the carriage of any goods by air, sea, inland  waterway or rail is arranged by us acting as agent of the Customer and shall in  addition to these terms be subject to the terms and conditions of the relevant Carrier. 

6. Customer shall be liable for all unpaid charges for services performed by Company  or Agents. 

7. Customer is also solely responsible for all losses and damages incurred or suffered  due to any illegal, incorrect, or insufficient marking, numbering, or addressing of the  Cargo, or caused by Customer’s failure to comply with any laws, customs regulations,  port requirements, or other governmental regulations. 

8. Customer agrees to our published shipping rates, charges and surcharges at the  time of dropping goods with us and agrees that shipping charges are based on the  actual or dimensional weight, whichever is greater. 

9. Customer agrees to make all payments in advance of shipment and further agree  that goods will not be shipped if payment is not received in 24hours.

10. Unless otherwise disclosed in writing by Customer and accepted in writing by us,  Customer warrants that goods delivered to us in furtherance of any Services does not  contain or constitute hazardous materials or dangerous goods. Customer agrees to  notify us in advance of Customer’s intent for us to handle or transport any dangerous  goods or hazardous material in any shipment, and agrees to properly classify and  describe the goods, and to provide us with all necessary or useful information for the  safe storage and handling of the goods. 

RESPONSIBILITY FOR PAYMENT 

1. Unless the Company agrees in writing to extend credit to the Customer, all charges  must be paid by the Customer in advance of shipment. 

2. All prices for our services are in principle quoted in dollar at the legally valid rate  which shall be borne by the Customer. 

3. Although the Customer may give the Company alternate payment instructions, the  Customer shall be primarily responsible for all shipping and delivery costs, as well as  any other costs incurred by the Company, including returning or storing any Goods. 

4. All claims for alleged overcharge shall be deemed waived if not presented to us  within 48 hours of the original invoice date. 

5. We shall have the right to set off payments against the customer’s earlier debts. We  shall inform the Customer on how they are set off. If costs and interest have already  been incurred, we shall have the right to set off payments first against costs, then  interest and finally against the principal payment. 

UNDERTAKING AGAISNT FRAUD AND ILLEGALITY 

1. Customer undertake that goods mailed to us for shipping has been legitimately  obtained and agrees that any goods discovered to have been obtained through  fraudulent means or in violation with the laws of the country obtained or country  shipped will result into forfeiture along with notification of the appropriate authorities  in such country. We will ensure that Customer and any person receiving goods on  behalf of customer are arrested and prosecuted in accordance with the law court of  such locality. 

2. Customer agrees that all shipping cost or charges will be forfeited and account will  be immediately suspended. 

LIEN ON GOODS

1. We shall have a general and continuing lien on any and all property of the Customer  coming into the Company's actual or constructive possession or control for monies  owed to the Company with regard to the shipment on which the lien is claimed, a prior  shipment(s) and/or both. The Customer shall notify all parties having an interest in its  shipment(s) of Company's rights and/or the exercise of such lien. 

2. To exercise its lien, the Company need only provide written notice to the Customer of  its intent and the exact amount that is subject to the lien. If the proceeds of the sale  are not sufficient to satisfy the Company’s lien, Customer remains liable for the  balance of any unpaid charges. The rights provided by this section shall be in addition  to all other rights allowed by law to the Company to recover unpaid amounts, including  its reasonable attorneys’ fees. 

RIGHT TO REJECT REQUESTS FOR SHIPPING SERVICES 

1. We reserve the right to reject any request for shipping in its sole discretion. Without  limitation, any shipment containing any item that is considered a prohibited or  restricted article or hazardous material by the Department of Transportation (DOT),  International Air Transport Association (IATA), Customs Authorities or other requisite  bodies will not be shipped by us and shipment containing items that cannot be shipped  legally or safely. 

2. Some other goods maybe accepted for carriage only to the limited destinations or  under restricted conditions. 

INSURANCE OF GOODS 

1. Insurance is determined by the value of the goods as stated in the invoice of  purchase, hence if Customer declares the exact value as stated on the invoice, in the  event of loss or damage, Customer shall be refunded accordingly in full, if Customer  declares less or incorrect value, Customer’s refund would be such value less or  incorrectly declared. 

2. Goods may be delivered to us without invoice attached, hence estimated values may  be updated in your account, in such event, Customer agrees to verify and upload  invoice to enable us update accordingly otherwise Customer shall lose its claim for  invoice value. 

PICK UP SERVICE 

1. Where Customer require us to pick up goods from any online stores or location to  our office for onward shipping, it is Customer’s responsibility to ensure the  weight/dimensions provided at the time of pick up request are as accurate as possible.  If Customer provide us with an inaccurate weight/dimensions, Customer will be

notified via mail with our attached invoice detailing the actual weight and additional  charges incurred and Customer agree to pay for all such charges before shipping your  item or as soon as items are delivered to you. 

2. Where the seller or sender of Customer item is unavailable during business hours  when pick up is attempted, an additional charge may be made at ruling rates for each  pick-up attempt until the pickup is accomplished. Customer will be notified via mail  detailing this charge and therefore agree to pay for all such charge. 

3. Customer agrees that we may sub-contract provision of the pickup services to a  third party and agrees that it shall in addition to these terms be subject to the terms  and conditions of the third party. 

DELIVERY OF GOODS 

1. Customer agree that in shipping your goods, while we take all necessary steps  within our power to ensure timely delivery, “time of delivery is not of the essence”, and  it is agreed that no time is fixed for the completion of carriage and that we do not  guarantee pick-ups, transportation or delivery on a special date or time, and shall not  be liable for a failure to do so or consequences of the same. 

2. The consignee must note at the point of delivery, on the delivery receipt, damage (if  any), to the contents of the shipment, shortage in the shipment or any other complaint.  Such notations as "subject to inspection" and "subject to recount" are not exceptions.  Any complaint not registered at the point of delivery shall be deemed waived. 

4. Customers agree that shipment accepted by any person elected by Customer will be  deemed to have been accepted by Customer and if accepted without noting any  damage, or loss on the delivery record, such shipment shall be deemed to have been  delivered in good condition and no claim shall be made thereon. 

5. Customers agree not to hold the us liable for any delay or failure to deliver products  or otherwise perform any obligation as specified in these Terms and Conditions if the  same is wholly or partly caused whether directly or indirectly by circumstances  beyond our reasonable control. 

PROCUREMENT SERVICE 

1. Customer shall make full enquiry on the goods to procure and shall supply Company  with sufficient information to aid Company in procuring such item successfully.  Customer further agrees that Company role is merely to make payment on Customers  behalf and deliver the goods to Customers assigned warehouse address. 

2. Customer agrees that procured items are shipped as received from the store of

purchase as our role is merely to make payment on Customer’s behalf, hence we have  no obligation to open, inspect, test or verify for any defect. All claims for defect shall  be made by Customer directly to the Seller. 

3. Customers agrees and is aware of the store’s refund policy for defective items as  well as the time limit for return of such goods, failure to return any such item within  the relevant period is at Customers own risk. 

4. Customer agrees that the authenticity of the site/store of purchase has been duly  verified by Customer and further agrees to fully indemnify and hold us harmless  against loss or damage that may arise from purchase through a fraudulent site or  store. We are not liable for the cost of items paid for but not delivered due to reasons  such as a fraudulent store, or inability of the US delivery company to deliver it to the  right location. In cases where items paid for are not delivered, you agree that you will  be refunded only after the store refunds us for the cost of the items, and all processing  fee incurred have been deducted. 

5. Custody of your items remains with the store/site until items are delivered to our  warehouse and signed for by one of our warehouse employees. 

WAREHOUSING & STORAGE 

1. By signing up, an account would be activated within 24 hours and you would be  issued a unit number exclusive to you alone and warehouse address which would  enable you to mail goods for onward shipping to your desired location. We reserve the  right to either refuse an application for warehousing account or the service for  security or other reasons. 

2. By signing up, Customer appoints us as agent for the receipt of mailed goods and  authorize us to deal in your goods including right to open, inspect, screen, sort out and  warehouse all packages/goods delivered to us without advance notice to you. 

3. Customer agrees to use a delivery service that provides full tracking information  and signature verification. We are not liable for items delivered without any proof of  tracking and signature verification. 

4. Customer agrees that items wrongly addressed or rightly addressed with a wrong  unit number shall attract a charge of $10. In addition, where an item is delivered to us  cash on delivery (COD), you agree to the pay $10 dollar processing fee or 10% of the  COD amount whichever is greater for service rendered. 

5. Customer has 15 days free storage period for general goods and 10 days free  storage for cars and thereafter if you do not pay your shipping and or other charges or  select to ship out your goods, you agree to pay a charge fee at $50 per shipment per

day until goods are shipped out and $50 per day for cars. In this instance, storage  commences when the goods have been delivered to our address and storage shall end  when goods are shipped out or collected from our premises. 

6. Ones notified of the arrival of your goods at our pickup office or partners location,  any goods not picked up after 3 days shall be subjected to $20 fee per package per day  in addition to the late payment charge where applicable. Goods will not be released to  Customer until all such charges are duly paid. 

7. Customers agree and is aware that all goods are stored in a general and open  warehouse, where conditions of storage may not be suitable for all categories of  goods. Customers agree that we are not liable for deterioration or depreciation in  quality, changes in color or appearance of items in the warehouse – whether of  perishable or non-perishable items, caused by long storage etc. Where a special  storage condition is required for a particular item, you agree to notify us of such  required/ special storage condition and to make the consequential payment (as may be  agreed), prior to the arrival of the item to our warehouse, or to reimburse us of  expenses reasonably incurred to preserve such items. 

8. Customers agree that after 60 days, we reserve the right to sell, and destroy or  otherwise dispose of such goods without incurring any liability whatsoever to you or  any other party. 

EXPORT AND CUSTOMS CLEARANCE 1. The Customer assumes all responsibility for  compliance with all laws and regulations of any country including but not limited to  customs laws from which goods are exported and to which goods are imported.  Customer agrees to supply such information or required documents necessary to  comply with such laws and regulations. 

2. Goods are subject to inspection by customs and by us in accordance with laid down  security controls and procedure as provided by government authorities. We will  ensure that goods are safeguarded during such inspection, however Customer agree  that we are not liable for damage of goods caused by customs. 

3. The Customer appoints Company as agent for the performance of customs  clearance and certify Company as the nominal consignee for the purpose of  designating a customs broker to perform customs clearance. 

4. The Customers warrants that it has all necessary documentations, clearance and  permit required for shipment or entry of goods to the required country of destination.  Company assumes no liability for any loss or expenses due to Customers failure to  comply with any documentation required by customs or requisite agency. 

CLAIMS, TIME BAR

1. The Company shall be discharged of all liability unless: 

a. (i) Notice of claim is received in writing by the Company or its agent within the date  specified in Clause (b) below, except where the Customer can show that it was  impossible to comply with this time limit and that the claim has been made as soon as  it was reasonably possibly so to do, and 

(ii) suit is brought in the proper forum and written notice thereof received by the  Company 

b. (i) in the case of loss in our warehouse, within 7 days of non-update of goods (ii) in the case of loss in transit, within 14 days of non-delivery of the goods (iii) in the case of damage, on the date that the goods were received damaged (iv) in the case of delay or late delivery, after 3 business days of receipt of dispatch  notification 

c. Otherwise any claim shall be deemed to be waived and absolutely barred. REFUNDS 

1. For loss or damage of goods, a replacement or refund of the full value of Customers  goods and total shipping cost of item (where applicable) would be made provided that: 

a. in event of loss in our warehouse, it is shown that Customer used a delivery service  that provides full tracking information i.e UPS, Fed-Ex or DHL and the original invoice  of purchase is provided by Customer. 

b. in the event of loss in transit, the Customer declares the proper/correct value of  item otherwise, if Customer declares less/incorrect value, refund of only the exact  value declared would be made. 

c. in the event of damage, the Customer must inspect and report such damage  immediately at the point of delivery or pick up and such damage goods must not be  accepted. If such goods were accepted by either of two persons elected by Customer  without noting any damage, no claim for refund shall be made thereon. 

2. We are not liable for sub-standard items including goods not as described, goods  different from sample, goods bought by mistake, and faulty goods. Any claim must be  made against the seller or store of purchase. No refund would be made to customer  for goods obtained through fraudulent means. 

3. All provisions of this terms and condition of service must be duly applied before a  claim for refund would be considered by us.

UNDELIVERED OR UNCLAIMED GOODS 

1. Where we are unable for any reason to deliver a goods to the Consignee, or when  storage is deemed to be at an end, we will use reasonable endeavors to give notice to  the Customer, the goods will be sold unless within the time specified in the notice,  being a reasonable time in the circumstances, the goods is collected from us. After the  expiry of the time specified in the notice, we may sell the goods or any part of it. 

GENERAL INDEMNITIES 1. You agree to indemnify, hold harmless, defend and protect  us, our associates, affiliates, legal representatives, directors, licensors, team,  suppliers, employees, promoters, product & service providers and agents from any  demand, liability, charge, loss, expense and claims (including reasonable attorney's  fees), arising: 

a. from any breach of warranty or obligation by the Customer or arising from the  negligence of the Customer or owner, 

b. from any act or omission of the Customer or the Owner or any person acting on  their behalf, 

c. from the nature of the goods unless caused by the Company’s negligence, or d. from the handling, loading, stowage or unloading of the goods by the Customer or  owner or any person acting on their behalf 

e. out of the Company acting in accordance with Customer’s or owner’s instruction, or f. out of the Company complying with the requirements of an Authority with regards to  the goods 

2. The Customer shall at all times be liable for and shall defend, fully indemnify the  Company and hold it harmless against claims, losses, damaged, costs and expenses,  duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by an  Authority in respect of the Goods, Dangerous Goods and/or Container and for all  liabilities, payments, fines, costs, expenses, loss and damage whatsoever incurred or  sustained by the Company in connection with the performance of the Services under  this services Agreement, except to the extent caused by the Company’s sole  negligence. 

3. Except to the extent caused by the Company's negligence, the Customer and Owner  shall be liable for and shall defend, indemnify and hold harmless the Company in  respect of all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature  levied by an Authority in respect of the Goods, Dangerous Goods and/or Container and  for all liabilities, payments, fines, costs, expenses, loss and damage whatsoever  incurred or sustained by the Company in connection therewith. 

CONFIDENTIALITY 

1. The customer undertakes to keep confidential such facts, documents and knowledge

of which the customer becomes aware in the course of performing the contract with  us, and which contain technical, financial, business or market-related information  about our company, if we have specified that the respective information must be kept  confidential or we have an obvious interest in its confidentiality (hereinafter referred to  as a whole as “confidential information”). The customer shall use the confidential  information exclusively for the purpose of implementing and performing the  contractual relationship with ourselves in accordance with the contract and the  individual contracts based on this. 

2. The customer shall oblige its personnel who process or have access to the  confidential information to maintain confidentiality in a comparable and best possible  way. Disclosure of confidential information to third parties by the customer shall  require our express and prior written consent. 

3. The foregoing confidentiality obligations do not apply to the extent that disclosure is  required by law or regulations. 

4. The obligation of confidentiality shall also survive termination of the business  relationship but only until the information enters the public domain without violation of  an obligation of confidentiality. 

FORCE MAJEURE 

1. We shall not be held liable for loss, delay, damage, non-delivery, misinformation,  setbacks, failure or interference of the content or the services offered or provided  through our sites, failure to provide information in connection with your shipment  resulting directly or indirectly from acts of nature, influences or reasons beyond our  reasonable control, including without limitation to acts of God, weather, mechanical  failures, aircraft failures and/or delays, civil commotions, acts or of customs or  quarantine officials, war, strikes, lock-out or other industrial action & labour disputes,  Internet failures, computer, mobile or any other telecom providers failures, acts of  terrorism, power outage, riots, rebellions, civil disturbance or commotion, shortages of  labor or materials, fires, flood, storms, explosions, acts of God, war, acts of  government authorities, orders of domestic or foreign courts or tribunals or non performance of third parties etc. 

2. If force majeure occur, we shall have the right to postpone our service for the  duration of the obstruction, or to rescind in whole or in part that part of the contract  not yet fulfilled. 

TERMINATION 

1. We may terminate or suspend access to our Service immediately, without prior  notice or liability, for any reason whatsoever, including if you breach the Terms by

performing acts which include but is not limited to, use of the Account for illegal,  obscene, or fraudulent purposes, failure to pay monies owed to us when due; and your  violation of any provision of these Terms and Conditions or any provision of any related  operating rules and policies published by us on our website. 

2. All provisions of the Terms which by their nature should survive termination shall  survive termination, including, without limitation, ownership provisions, warranty  disclaimers, indemnity, payment obligations and limitations of liability. 

INTELLECTUAL PROPERTY 

1. You agree that the content, website design, organization, gathering, compilation,  magnetic translation, digital conversion, software anthology and other matters  (registered or not), related to the site are protected under applicable copyrights,  trademarks, and other proprietary (including but not limited to intellectual property)  rights, and, the copying, redistribution, use or publication by you of any such content or  any part of the Site is prohibited and use of such material will only be allowed as  expressly consented by us or our licensors. 

2. If you believe that your work has been plagiarized, please send an email with explicit  and full details which include but is not limited to, your information, authorization (if  working on behalf of the) 

WAIVER 

1. CargoExtra Global Logistics’ failure to insist in one or more instances to enforce the  strict performance of any provision of the Terms of Use or to take advantage of its  rights herein will not constitute a waiver of its right to subsequently enforce such  rights or any other provisions of the Terms of Use. 

SEVERABILITY 

1. If any part of these Terms and Conditions of use infringes upon any law and is held  by a competent court or tribunal to be invalid or unenforceable, either in whole or in  part, then that part shall be ineffective and severed from these Terms and Conditions  of Use and shall not invalidate nor affect the enforceability of any other part listed in  this terms. 

PLACE OF PERFORMANCE, APPLICABLE LAW AND JURISDICTION 

1. Place of performance for all contractual obligations is Texas, U.S.A. 2. Exclusive place of jurisdiction for all dispute is also U.S.A

3. This Terms and Condition of service is governed by the applicable laws of Texas  U.S.A. Any legal proceedings arising out of or in connection with this Terms must  subject to the laws of Texas and must be instituted within 30 days after the cause of  action arose otherwise same shall be forever waived and barred. User expressly  submits to the jurisdiction of said courts. 

AMENDMENT 

1. We reserve the right, at our sole discretion, to edit, delete, modify or replace these  Terms or any part thereof at any time, or to impose new conditions, including, but not  limited to, adding fees and charges for use. Such changes, modifications, additions or  

deletions shall be effective immediately upon notice which may be given by means  including, but not limited to, posting on our site, or by electronic or conventional mail,  or by any other means by which user obtains notice thereof. Any use of our site by you  after such notice shall be deemed to constitute your acceptance of such changes,  modifications or additions. 

2. We shall have the right at any time to discontinue any aspect of feature of our  service and or site, including, but not limited to, content, hours of availability, and  equipment needed for access or use. You accept that service interruption may occur in  order to allow for website improvements, scheduled maintenance or may also be due  to outside factors beyond our control. 

ACKNOWLEDGEMENT 1. This Agreement represents the entire understanding between  you and us. By accessing and continued use of the site signify your Agreement to be  bound by the terms of Use.