Terms of Service

INTERNATIONAL FREIGHT FORWARDING

1. Our International Freight Forwarding services are delivered in accordance with the standard terms and conditions set by the Canadian International Freight Forwarding Association (CIFFA).

NORTH AMERICAN FREIGHT

2. These Standard Terms and Conditions – Freight are subject to change by the Company in its sole discretion and Client will be deemed to have received notice of such changes upon posting to www.GoWorldCargo.com and shall be deemed bound by such changes Ten (10) days following such notice.

DEFINITIONS

3. "Client" is any person, firm, association, or corporation or any other entity at whose request or on whose behalf, either directly or indirectly, the Company undertakes any business or provides services.

4. "Company" is World Cargo Marketing (2008) Inc., operating as World Cargo.

5. "Customs Duties" means any duties, taxes and levies on imported goods under the Customs Act, the Customs Tariff Act, the Excise Act, the Excise Tax Act, the Special Import Measures Act or any other law relating to Customs, excluding any penalties, interest or fines imposed under any of the aforesaid acts or any other law relating to Customs.

6. "Disbursements" means any payment made by the Company, on behalf of the Client, for any product or service rendered in connection with the facilitation of the import and export of goods including but not limited to Customs Duties, taxes, freight, storage, penalties, interest and fines and any other payments, including payments for goods on COD shipments made by the Company on behalf of the Client.

7. "Services" shall mean those freight forwarding and related services set out in the Client Service Agreement between the parties and any schedule thereto and such other related services as the Client may request from time to time and the Company agrees to provide.

FEES AND DISBURSEMENTS

8. Company will provide fixed price quotations (including fees and disbursements) to the Client before rendering Services and the Client must either accept or reject a quotation delivered by the Company as agent within 15 days of receipt. Quotations may be withdrawn or revised by the Company at any time and shall automatically lapse if not accepted within 15 days. Unless otherwise provided in the quotation, the Company may, after acceptance, revise its charges upon notice in the event of changes beyond the Company's control, including changes in exchange rates, rates of freight, carrier surcharges or any charges applicable to the transportation of goods.

9. Where the Company has given a fixed price quotation or invoice, the Client acknowledges that the difference between the amounts payable to carriers and other third parties and the fixed price represents the Company's gross profit for Services.

INVOICING AND PAYMENT

10. The Company shall issue invoices to the Client for all fees and disbursements pertaining to Services rendered to and on behalf of the Client.

a. All such invoices shall be payable within 15 days of the date of invoice or as otherwise agreed in writing between the Client and the Company.

b. Interest on all late payments shall be paid at the rate set by the Company from time to time.

c. In the event of default of payment by the Client, the Company, in addition to any other legal rights and remedies, shall have the right to retain, in its possession, all goods of the Client which are in its possession and all goods of the Client which may, in the future, come into its possession. The right of possession shall include the right to sell the goods in the event that such default shall continue for a period of 45 days.

d. If the Client exceeds its credit limit with the Company at any time, the Company reserves the right to demand payment on outstanding invoices and/or to demand advancement of funds prior to completion or further provision of Services.

e. If the Client refuses or fails to make payment for any or all invoices provided by the Company, carrier, agent, or destination port within the free storage period; the Company retains the right to declare the shipment as abandoned at destination.

CANCELLATION AND REFUND POLICY

11. The Client is subject to the Company's cancellation fee of 25% of the invoice, with a minimum of $250, for all Services. This includes partial shipment cancellations and changes in Service. The Client accepts that the refund process can take up to 30 days or longer.

12. Cargo at origin that can still be returned is subject to the cancellation fees in addition to charges accrued during the return process.

13. In the event that the Client fails to fulfill their duties and responsibilities related to their shipment, resulting in an inability to proceed with the shipment, the Client will be liable for the payment of the cancellation fee.

14. No refund will be provided in the case where a shipment has been processed by the freight carrier and cannot be returned. This includes situations where the cargo is already consolidated in a container, entered in an international ocean carrier's container yard or pier for loading on a vessel, or any similar stage of the transportation process. The Client is still responsible for the cargo and all related costs if a cancellation is not possible.

INSURANCE

15. The Services and Rates provided by the company do not include insurance coverage for the transportation of cargo. The Company will not provide insurance unless a specific written request is made within a reasonable timeframe before the shipment is transported. All insurance arranged by the Company on behalf of the Client is subject to the terms and conditions of the policies, insurers, and underwriters. The Company will make these terms available to the Client at any time, upon request.

16. If the Client makes a claim under a policy of insurance arranged on the Client's behalf by the Company, the Company will not be liable if the Client for any reason whatsoever fails to recover a loss in whole or in part from the insurer under the policy, even though the premium charged by the insurer may differ from the Company's charges to the Client.

17. Notifying the Company of a claim in writing does not constitute a notice of claim for cargo insurance if the Client has arranged for this type of insurance whether directly with the Company or through the use of a third party insurance provider. The Client is advised to consult the terms and conditions under its insurance policies, if any, in order to seek restitution therein.

a. Clients must obtain a signed delivery receipt indicating external damage noted upon delivery.

18. Should the Client decline cargo insurance coverage, whether through the Company or elsewhere, the Company has no liability for the loss of or damage to any goods during transport or storage that could have been covered by cargo insurance, whether or not the Company caused or contributed to such loss or damage as a result of negligence, breach of these Terms of Service, or otherwise.

19. If the Client's shipment is declined for coverage by the Company, insurers, or underwriters then the Client accepts total liability for their shipment. Goods will be shipped at the Client's risk without the Company's 3rd party insurance coverage. If payment was made, the Client is eligible for a refund of the insurance fee paid to the Company upon request.

20. It is the responsibility of the Client to ensure that they receive a policy certificate confirming insurance coverage before the departure of the shipment. Payment for insurance does not automatically guarantee or imply that insurance coverage has been obtained. If the Client fails to obtain the policy certificate before departure, the shipment will be transported at the shipper's own risk.

LIABILITY, LIMITATIONS, ERRORS AND OMISSIONS

21. The Client shall indemnify the Company in respect of any claim made against the Company as a result of providing the Services including of a general average nature.

22. Without prejudice to any other conditions container herein, the Company will not be held liable for:

a. Loss or damage for any cause, event or labor disruption, whether legal or not, where the Company or its agents using reasonable diligence could not avoid.

b. Indirect or consequential loss or damage including, but not limited to: loss of market, loss of profit, revenue, interest, loss of goodwill, business interruption, work stoppage or other.

c. Loss of, damage to or consequential or indirect loss caused by delay or deviation or "ad valorem" shipments or agreed transit time in connection with the transportation of goods.

23. The Client shall be solely liable for:

a. Any and all disbursements made by the Company on behalf of the Client;

b. Any customs duties, customs inspections, storage charges, fines, penalties, interest or other levies imposed by customs authorities or other government agencies or departments.

c. Any loss or damage, with respect to the goods imported or to be imported into any country or exported or to be exported from any country by the Client.

d. Any loss or damage incurred or sustained by the Company in relation to the provision of Services to the Client herein.

e. Any storage charges during the shipping process.

f. Any additional terminal, drayage, and handling fees invoiced due to changes in circumstances.

24. The Client acknowledges that carriers and other third parties offer services on the basis of their standard terms and conditions. The Client accepts such terms and conditions as part of any contract between the Client and the party providing services and acknowledges that they govern the rights of the Client against such party.

a. The Company is not responsible for any delays occurred during the shipping process. In no event shall the Company be liable for late delivery or mis delivery of goods.

b. The Company shall not be liable for any error in judgment or for anything which it may do or refrain from doing or for any resulting direct, indirect, consequential, punitive or exemplary damage or loss (including loss of profit or loss of market) caused by the negligence of the Company or by an act of God or other act or cause beyond the reasonable control of the Company even if the Company has been advised of the possibility of such damage or loss. The Company shall not be liable for any failure to provide the Services, which is a result of the operation of the applicable laws of Canada or any other country or a change in the policies of any governmental authority.

DUTIES AND RESPONSIBILITIES OF THE CLIENT

25. The Client accepts full liability for any risks associated with shipping their goods.

26. The Client shall:

a. take full responsibility for complying with import restrictions at the destination and ensuring that all shipments adhere to applicable laws and regulations. This includes properly preparing, packing, labeling, and marking the goods, providing accurate and complete descriptions when the carrier takes charge of the goods, and disclosing any dangerous characteristics to the carrier. The Company is not liable for any fees or fines related to arrival issues.

b. ensure that (and specifically warrants that) all documentation and all information provided the Company, Carriers, and Governmental bodies is correct, true, and complete, whether in paper or electronic format.

c. reimburse, indemnify and save harmless the Company from any and all claims asserted or liability or losses suffered by reason of the Client's breach or warranty or failure to comply with this section, or which otherwise result from inaccuracies, mistakes or omissions in the information and/or documentation provided to the Company by the Client or its agents and relied upon by the Company; and not solicit or hire, directly or indirectly, any employee of the Company during the term of this agreement or after the termination thereof.

i. The Client represents and warrants that it is the importer, exporter or owner of the goods in respect of which it has retained the Company to provide Services and that it has full power and authority to retain and instruct the Company.

d. provide the required documentation for shipping upon request. Failure to comply may result in delays or cancellation of the shipment. In such cases, the client will be subject to applicable cancellation fees as specified in the terms and conditions. Timely and accurate provision of documentation is the client's responsibility to avoid any additional fees.

e. review the documentation sent by the Company for approval within the required time period to ensure that no errors, omissions, or inaccuracies exist. The Company is not responsible for any issues or fines associated with or as a result of incorrect information on official shipping documents including but not limited to the Airway Bill, Bill of Lading, Seaway Bill, and Telex Release.

DUTIES AND RESPONSIBILITIES OF THE COMPANY

27. The Company agrees to act as an agent for the Client in arranging transport and distribution of goods in accordance with instructions received from the Client and, as agent, will enter into contracts with carriers and other third parties in its own name but for the account of the Client.

a. The Company shall take all reasonable steps to provide Services in accordance with the instructions from the Client provided, however, that should the Company reasonably consider that it is in the interest of the Client to depart from the Client's instructions, the Company shall have the authority to do so and shall be indemnified and saved harmless by the Client for so doing.

b. The Company shall provide to the Client in respect of each transaction made on the Client's behalf a copy of the accounting documents and/or data pertaining thereto.

28. Outside of instructions related to the services being purchased by the Client, the Company also provides free advice and information related to logistics services. This is given without liability of any kind, including negligence to the Company and is not to be shared with any other person or agency without the Company's written permission.

CONFIDENTIALITY

29. All information pertaining to either party shall be kept confidential by the other party and protected and secured in the manner in which the receiving party secures its own confidential information, but in no event with less than a reasonable degree of care. Confidential information disclosed by one party shall only be used by the other party for the purpose of the delivery of Services and shall only be released as required by law, or in accordance with written instructions from the disclosing party for release. Each party hereby acknowledges that the other party's confidential information shall at all times remain the property of such other party to the extent permitted at law.

GOVERNING LAW

30. These Standard Terms of Service – Freight and any and all agreements between the Company and the Client in respect of the Services will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. The parties hereby irrevocably and unconditionally attorn to the jurisdiction of the courts of the Province of British Columbia and all courts competent to hear appeals there from.

SEVERABILITY

31. Each of the clauses of these Standard Terms of Service – Freight is and shall be deemed to be separate and severable, and if any provision or part of these conditions is held for any reason to be unenforceable, the remainder of these Standard Terms and Conditions – Freight shall remain in full force and effect.