International Operations Terms & Conditions

Note that all business dealings with GTI Global Freight Systems (2014) Inc. will be subject to the following terms and conditions that limit GTI Global Freight Systems (2014) Inc. (hereinafter referred to as ‘’COMPANY’’) liability as well as those that require the Customer to indemnify the COMPANY in certain situations based on specific circumstances. The COMPANY does not include insurance for Goods and/or Cargo as part of its service offering unless specific arrangements are made in writing between the Customer and the COMPANY before any movement of cargo. For customer(s) located in the Province of Quebec, Canada, a French version of the COMPANY’s Terms and Conditions are made available, which match to these English terms. Should a discrepancy be detected between the English and French versions of the Terms and Conditions, the English version shall prevail in the case of a dispute.

GTI Global Freight Systems (2014) Inc. is a licensed Freight Forwarder and acts as an Agent, arranges for transportation of cargo via ocean, air or ground transportation through third party ocean carriers, airlines, or other carriers under FF 804Y. The included Freight Forwarder Terms & Conditions herein shall apply when GTI Global Freight Systems (2014) Inc. provides services as an Agent under its freight forwarder authority. GTI Global Freight Systems (2014) Inc. shall not be liable as any type of carrier, whether it is an ocean, air or motor carrier or any other type of transportation method used to transport the designated cargo.

FREIGHT FORWARDER TERMS & CONDITIONS

The term “Shipper” means the person(s) or entity(ies) desiring to have the goods transported, sending the goods, or otherwise liable as a shipper under law. This definition includes the exporter, importer, sender, receiver, owner, consignor, consignee, forwarder, broker, transferor, or transferee of the shipments, or any other agents or representatives of Shipper. The term “Consignee” shall mean the person or party to whom the freight is to be delivered.

Customer and its agents expressly agree that they will not under any circumstances attempt to hold Freight Forwarder liable in the capacity of a Carrier when it provides freight-forwarding services. Customer or third party’s insertion of COMPANY as the carrier of record in any bill of lading, delivery order, or other document will not alter or affect COMPANY’s status as a freight forwarder. The carrier(s) actually transporting the freight at issue shall be solely responsible in the capacity of a carrier. The term “Carrier” shall refer solely to the carrier providing the actual transport.

For services done by the COMPANY related to Storage and Warehousing, and/or Over-the-Road transport, specific Terms and Conditions apply and govern these activities. The Terms and Conditions can be found on the GTI website at www.thegtigroup.com.

DEFINITIONS

COMPANY: in this case, GTI Global Freight Systems (2014) Inc. a Freight Forwarder, acting as an Agent, undertakes to arrange for the shipment of goods or cargo on behalf of the Customer.

Freight-Forwarder: refers to GTI Global Freight Systems (2014) Inc. who arranges for the carriage, transportation, storage, handling or packaging of Goods or and other related services.

Carrier: means any actual carrier contracted by the Company to carry the goods to destination which can include ocean, air, rail or over-the-road carriers, as well as any other method of transportation.

Customer: The term “Customer” means the person or entity desiring to have the goods transported, sending the goods, or otherwise liable as a Shipper under law.

Goods: refers to the cargo supplied by the Customer for transportation, including any Container not supplied by or on behalf of the Carrier.

Container: includes any container, van, flat or pallet, trailer or article of transportation used to group cargo.

Hague Rules: refers to the provisions of the International Convention for Unification of certain Rules relating to Bills of Lading signed at Brussels on the 25^th of August 1924.

Hague-Visby Rules: are the Hague Rules as amended by the Protocol signed at brussels on the 23^rd of February 1968.

MLA: means the Marine Liability Act of Canada.

Charges: refers to all expenses and financial obligations, including freight charges incurred and payable by the Customer to the COMPANY.

Shipping Unit: freight unit and the term ‘’unit’’ as used by the Hague Rules and Hague-Visby Rules.

Parties: This definition includes the exporter, importer, sender, receiver, owner, consignor, consignee, transferor, transferee, forwarder, broker and/or any other agents or representatives of Customer.

CUSTOMER WARRANTY and OBLIGATIONS

The Customer warrants that in agreeing to the terms and conditions hereof, he is or is the agent of and has the authority to give instructions to transport the ‘’Goods’’ on behalf of the person owning or entitled to possession of the Goods or any person who has a present or future interest in the Goods.
Customer shall be deemed to have reasonable knowledge of matters affecting their business and competent in matters relating to transport of their Goods, including the terms of sale and purchase and all other matters relating thereto.
Sufficient and executable instructions will be given by the Customer to the COMPANY, and consequently Customer assumes full responsibility for the accuracy of all Instructions and information provided by it to the COMPANY.
The Customer warrants that the description and particulars of any Goods provided for by or on behalf of the Customer are full and accurate.
Customer acknowledges that it fully understands that COMPANY is acting as an agent for the Customer pertaining to any and all contracts entered into with any Party (including Related Party), and that COMPANY is not acting as the Carrier.
The Customer shall indemnify COMPANY against all duties, taxes, payments, fines, expenses, losses, damages (including physical damage) and liabilities in accordance with the Terms and Conditions, suffered or incurred by COMPANY in the performance of its obligations under any contract due to fault of the Customer, Consignee or related party to the Customer.
The Customer shall advise COMPANY if any Goods which are liable to taint or affect other Goods, or are likely to harbour or encourage vermin, rodents, insects or other pests, and the Customer shall indemnify COMPANY against any liability, loss, claim, damage, costs or expenses incurred by COMPANY as a consequence of the Customer's failure to do so or for failure to do so in a timely fashion.
The Customer warrants that all Goods have been properly and sufficiently prepared, packed, stowed, labeled and/or marked, and that the preparation, packing, stowage, labeling and marking are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods.
The Customer shall indemnify COMPANY in respect of any claims of a general nature, inclusive but not limited to the items listed above, which may be made on it and shall provide such security as may be required by COMPANY in this connection.

COMPANY’S ROLE as FREIGHT FORWARDER

GTI GLOBAL FREIGHT SYSTEMS (2014) Inc. acts solely as an agent of behalf of the Customer in securing transport and other services by establishing contracts and agreements with third Parties. This results in the direct contractual relationship between the Customer and such third parties. The COMPANY acts solely as an agent on behalf of the Customer in any situation where the COMPANY contracts with any Party or a Bill of Lading is signed by or on behalf of another Party, or signs a Bill of Lading as Carrier on behalf of another Party.

Without limiting the generality of the foregoing, COMPANY at all times shall be deemed to be acting as agent for the Customer in any case where COMPANY enters into a contract with any other Party for the carriage, transportation, storage, packing or handling of Goods or for any other services in relation thereto. Subject to any applicable laws, such contract is capable of being enforced by the Customer or Owner of the Goods as principal, whether the Customer or Owner is named or disclosed as principal by COMPANY.

INSURANCE & LIMITATION of LIABILITY

Rates for services provided to Customer by ‘’COMPANY’’ do not include insurance and therefore Goods are not insured by the ‘’COMPANY’’ unless the Customer makes Special Insurance Arrangements with the ‘’COMPANY’’ in writing.

IN NO EVENT SHALL ‘’COMPANY’S’’ LIABILITY FOR CARGO LOSS OR DAMAGE EXCEED THE LESSER OF THOSE SET OUT IN THESE TERMS AND CONDITIONS OR THE MAXIMUM SET FORTH IN ANY THROUGH BILL OF LADING. If there is any discrepancy or conflict between these terms and conditions and any terms contained in the bill of lading (including those executed by Company’s personnel and contractors), Shipper’s terms and conditions, or any other document, the terms and conditions herein shall control, unless changes have been made by obtaining written approval by an officer of COMPANY prior to COMPANY performing the transportation.

COMPANY shall not be liable for consequential damages, including but without limiting, the generality of the foregoing, claims for loss of use, business interruptions, actual and/or potential loss of profits or revenues, interest, fixed or variable costs, loss of shut down or work stoppage, exchange rate fluctuations or increased taxes or levies by appropriate authorities.

COMPANY is not responsible for departure or arrival dates of Goods transported.

Limitation of Liability per Shipment. COMPANY’s rates are based on a limited liability for loss or damage to cargo and are secondary to Carrier’s insurance coverage where loss is due to fault of Carrier. All shipments, whether due to fault of Carrier or COMPANY, are released to a maximum value and maximum liability of $50,000 per shipment. In no event shall liability be greater than the actual value of lost or damaged articles less salvage. COMPANY’s liability for cargo loss or damage will not exceed $50,000 per shipment (“Release Value”) unless Shipper requests an increase in legal liability by a.) Submitting a written request for a higher Release Value, b.) Paying an additional charge based on the increased Release Value, and c.) Obtaining written confirmation of the higher Release Value from an Officer of COMPANY. The above maximum liability is limited to the maximum provided by the Carrier as described above describing the MAXIMUM SET FORTH IN ANY THROUGH BILL OF LADING.

NOTICE OF LOSS OR DAMAGE

The Carrier shall be deemed prima facie to have delivered the Goods as described in the Bill of Lading unless notice of loss of, or damage to, the Goods, indicating the general nature of such loss or damage, shall have been given in writing to the Carrier and the COMPANY or to his representative at the place of delivery before or at the time of removal of the Goods into the custody of the person entitled to delivery thereof under this Bill of Lading or, if the loss or damage is not apparent, within three consecutive days thereafter.

TIME-BAR

The COMPANY shall be discharged of all liability unless suit is brought in the proper forum and written notice thereof received by the COMPANY within twelve months after delivery of the Goods at the port of discharge or the date when the Goods should have been delivered to the port. The COMPANY shall be discharged of all liability unless claim is brought in the proper forum and written notice thereof received by the COMPANY within nine months after delivery of the Goods or the date when the Goods should have been delivered. If such time period shall be found contrary to any convention or law compulsorily applicable, the period prescribed by such convention or law shall then apply but in that circumstance only.

Bills of Lading. COMPANY’s Terms and Conditions in effect herein on the date the shipment is transported will apply notwithstanding the use by Customer of any other bill of lading or shipping document. No third party is authorized to bind COMPANY to non-conforming bills of lading and execute bills of lading with alternative terms and conditions as receipts for the shipment only. Consignee’s receipt and/or signature of the Bill of Lading without notation of damages shall be dispositive evidence that the cargo delivered in good condition.

Quotes. Quotes are based on information provided by the customer. Unless agreed to in writing, the price excludes charges for detention time, per diem and additional stops. The quoted rate depends on the value, weight and dimension of the property described. Any changes to the actual dimension, description or weight of the load will result in revisions to the quoted price. Any changes to shipping or airline schedules may result in revisions to quoted price. All quotes are based on availability at the time the order is received. For a previously quoted rate to be valid, Customer must refer to the quote number at the time of booking. Quoted rates are valid for 30 days, subject to fluctuations in Carrier schedules, fuel prices and the other variables listed herein. The right is reserved to adjust quotes at any time, without notice, to account for changes. Unless expressly indicated in writing, intermodal quotes exclude chassis rental charges in those cases where steamship lines do not provide the chassis at their cost.

Additionally, the following charges and limitations apply:

Customer and its agents further agree they will not attempt to hold COMPANY liable in the capacity of a broker, nor to attempt to make any claim against COMPANY in connection with transportation services performed by any other carrier. The carrier actually transporting the freight at issue (“Carrier”) shall be the sole party responsible in the capacity of a carrier.
As a convenience to Customer, invoices may be processed by COMPANY’s affiliated entities and such administrative support in issuing invoices will not alter COMPANY’s role in connection with a particular shipment, as the act of invoicing is a purely administrative function performed independent of arranging for transportation services.
COMPANY reserves the right to modify, amend, and supplement these Terms and Conditions (also known and referred to as Rules Tariff, Rules Circular, Rules, Tariff, governing classification, bill of lading terms and conditions, bill of lading tariff, bill of lading classification, and similar references; references in bills of lading to filed tariffs and classifications shall mean these Terms and Conditions, regardless of whether they are filed with any government entity) from time to time without notice.
Compliance with Laws and Regulations. Customer shall ensure that COMPANY has all the information and documentation necessary to comply with the laws and regulations of any country in, through, or which the shipment will be transported.
Special Permits. When permits are required for the transportation of over-size and/or overweight loads, the Customer of the freight shall procure and furnish such permits, or shall request, in writing, COMPANY to secure them and costs will be billed to Customer.
Steamship Line and Third-Party Equipment. Use of steamship line or third-party equipment (chassis, container, flat racks, ISO tanks, etc.) will be subject to the steamship line or third party’s equipment interchange agreement, including allowances for free time, per diem charges, chassis splits, maintenance and repair, and all other charges incurred. Customer will be billed for all charges plus an additional administrative charge. Customer shall pay all valid charges without delay.
Chassis Splits. When container chassis is not located at the same location as the container to be transported, chassis split charges may be assessed.
Shipper Load and Count. All shipments will be loaded by the consignor and unloaded by Consignee. Where the carrier representative was either not present or was not allowed to observe the loading or unloading, omission of shipper load and count (or "SLC" notation) on the bills of lading shall not result in a presumption of COMPANY’s liability for shortage or damage.
Packing and Packaging - Shortage. COMPANY will not be responsible for shortage on shipments which are banded, strapped, netted, shrink-wrapped or otherwise secured to bins, pallets, platforms or skids. COMPANY will only be responsible to account for the number of bins, pallets, platforms or skids on such shipments to the extent that such units can be reasonable counted. COMPANY will not be liable for damaged goods not clearly marked fragile or glass. COMPANY shall not be liable for shortage or damage to sealed shipments.
Crated or Sealed Shipments. COMPANY will not be responsible for packing, sealing, or crating a shipment or securing the goods within the crate. COMPÂNY will not be liable for damages of any kind caused by improper packing, sealing, or crating of shipments by Shipper or another third-party or improper securement of the goods within a crate by Customer or another third-party.
Customer shall indemnify, defend, and hold Company harmless against any and all losses, liabilities, claims, demands, or causes of action whatsoever (including, but not limited to, all costs, expenses, and attorneys’ fees) arising out of or in any way related to the improper packing, sealing, or crating of a shipment by Shipper or a third-party or the improper securement of the goods within a crate. This indemnification, Defense, and Hold Harmless obligation shall apply whether due to the sole or concurrent Fault of shipper or a third party.
Shipments Subject to re-weight/re-measurement. Customer shall provide weight and measurement for all shipments. Advance written notification of overweight or over dimensional shipments is required. If the weight or measurements of the goods as delivered are different from Customer’s representations, or if pick-up or delivery time or location is changed by Customer, COMPANY will not be responsible for fines, permit fees, or penalties assessed by any agency. Any fines or expenses resulting from overweight shipments arising from Customer’s failure to provide accurate weight and measurements, in addition to any permit fees, will be included in the invoice and charges to be paid for the shipment. Additionally, COMPANY’s rates, charges, and fees are subject to change and will be included in the invoice and charges to be paid to Company. Customer shall at all times have sole responsibility to ensure shipments comply with the terms of the International Convention for the Safety of Life at Sea (“SOLAS”), as applicable.
Hazardous Materials. COMPANY may accept transportation of Hazardous Materials, however Customer needs to make COMPANY aware before the quoting phase. The declaration of Haz Mat cargo and the required packaging in order to make the cargo transport worthy based on destination is the responsibility of the Customer. Additional insurance may be required depending on the Haz Mat cargo being transported.
Sale of Perishable Goods. Perishable goods or live animals to be exported, imported, or which are cleared through customs for which no instructions of disposition are furnished by Shipper may be sold or otherwise disposed of without notice to Customer, owner or Consignee of the goods, and payment or tender of the net proceeds of any sale after deduction of charges will be equivalent to delivery. In the event that any shipment is refused or remains unclaimed at destination or any trans-shipping point in the course of transit or is returned for any reason Customer must pay COMPANY for all charges and expenses in connection therewith. No provision herein obligates COMPANY to forward, enter or clear the goods, or arrange for their disposal.
All customs penalties, storage charges, or related expenses incurred as a result of an action by a governmental agency, or failure by the Shipper, Consignee or consignor to provide proper documentation or to obtain a required license or permit will be borne by Shipper and Shipper shall DEFEND and INDEMNIFY COMPANY for such penalties, storage charges, and related expenses.