Terms and Conditions of Service

These Terms and Conditions of Service constitute a legally binding agreement between Globex Logistics International Inc. (the “Company”) and the customer (the “Customer”). If the Company provides services under a separate document containing specific terms and conditions, the terms set forth in that document shall govern the services covered by it.

 Definitions

For the purposes of these Terms and Conditions:

(a) Company: “Company” means Globex Logistics International Inc., its subsidiaries, affiliated companies, agents, and representatives.

(b) Customer: “Customer” means any person or entity for whom the Company provides services, including the Customer’s agents and representatives. This includes, but is not limited to, shippers, importers, exporters, carriers, secured parties, warehouse operators, buyers, sellers, shippers’ agents, insurers, underwriters, break-bulk agents, and consignees. The Customer is responsible for providing these Terms and Conditions to all relevant agents and representatives.

(c) Documentation: “Documentation” means all information received directly or indirectly from the Customer, whether in paper, electronic, or other permitted form.

(d) Ocean Transportation Intermediaries (OTIs): This term includes ocean freight forwarders and non-vessel-operating common carriers.

(e) Third Parties: “Third Parties” includes carriers, trucking companies, cartage providers, lighterage operators, freight forwarders, OTIs, customs brokers, agents, warehouse operators, and any other parties entrusted with the transportation, handling, clearance, delivery, storage, or other management of goods.

 The Company Acting as an Agent

The Company acts as the Customer’s agent when performing duties related to the entry and release of goods, post-entry services, obtaining export licenses, filing export documentation on the Customer’s behalf, and conducting other transactions with government agencies.

For all other services, the Company acts as an independent contractor.

 Limitation of Actions

(a) Notice of Claims: Unless a specific statute or international convention provides otherwise, all claims against the Company involving potential or actual loss must be submitted in writing and received by the Company within thirty (30) days of the event giving rise to the claim. Failure to provide timely written notice may serve as a complete defense to any lawsuit or legal action brought by the Customer.

(b) Time Limits for Legal Actions: All legal actions against the Company must be filed and properly served within the following periods:

Ocean transportation: Within one (1) year from the date of loss.

Air transportation: Within two (2) years from the date of loss.

Import entry preparation or submission: Within seventy-five (75) days from the date the relevant entry is liquidated.

All other claims: Within two (2) years from the date of loss or damage.

These periods are subject to any applicable statutes, international conventions, and other controlling legal requirements.

Limitation of Liability for Third Parties and Transportation Routes

Unless the Company engages a person or firm pursuant to the Customer’s express written instructions, the Company will exercise reasonable care when selecting third parties and determining the methods, routes, and procedures used to handle, transport, clear, and deliver shipments.

The Company’s notification that a particular person or firm has been selected to provide services does not constitute a guarantee or representation that such party will perform those services satisfactorily.

The Company does not assume responsibility or liability for the acts, omissions, delays, or losses caused by third parties or their agents while a shipment is in their custody or control. Claims arising from the acts or omissions of a third party must be brought against that party or its relevant agents.

The Company will reasonably cooperate with the Customer in connection with such claims. The Customer will be responsible for any expenses or costs incurred by the Company in providing that cooperation.

Non-Binding Quotations

Any quotations provided by the Company for service fees, duties, freight charges, insurance premiums, or other costs are for informational purposes only and may be changed without notice.

A quotation will not be binding on the Company unless the Company agrees in writing to handle or transport the shipment at a specific rate or amount stated in the quotation and the payment arrangements have been agreed upon by both parties.

Reliance on Information Provided by the Customer

(a) Review of Documentation: The Customer is responsible for reviewing all documents and declarations prepared or filed on its behalf with customs authorities, other government agencies, or third parties. The Customer must promptly notify the Company of any errors, discrepancies, inaccurate statements, or omissions identified in any declaration or document filed on its behalf.

(b) Accuracy of Information: When preparing or submitting customs entries, export declarations, applications, documents, or export data to the United States or any third party, the Company relies on the accuracy and completeness of the information and documentation provided by the Customer, whether in written or electronic form.

The Customer must exercise reasonable care to ensure that all information provided is accurate and complete. The Customer also agrees to indemnify and hold the Company harmless against claims, liabilities, and losses resulting from the Customer’s failure to disclose required information or from inaccurate or false statements on which the Company reasonably relied.

The Customer retains an affirmative and non-delegable responsibility to disclose all information required for the lawful importation, exportation, or entry of goods.

Declared Value and Additional Coverage

Third parties entrusted with shipments may limit their liability for loss of or damage to goods.

The Company will request additional valuation coverage only upon receipt of the Customer’s specific written instructions. The Customer must agree to pay all associated charges.

If the Customer does not provide written instructions or the third party declines to accept the higher declared value, the Company may, at its discretion, tender the goods to the third party subject to that party’s applicable terms, conditions, and limitations of liability.

Insurance

The Company is not obligated to obtain insurance on the Customer’s behalf unless the Customer requests such insurance in writing and the Company confirms acceptance of the request in writing.

The Customer is responsible for paying all premiums, fees, and other costs associated with obtaining the requested insurance.

Disclaimers and Limitation of Liability

(a) Disclaimer of Warranties: Except as expressly stated in these Terms and Conditions, the Company makes no express or implied warranties in connection with its services.

(b) Scope of Liability: Subject to the provisions of this section, the Company will be liable only for its own negligent acts or omissions that are the direct and proximate cause of injury to the Customer, including loss of or damage to the Customer’s goods. The Company will not be liable for the acts or omissions of third parties.

(c) Additional Liability Coverage: The Customer may request additional liability coverage up to the actual or declared value of the shipment or transaction. The Customer must agree to pay the applicable charges, and the Company must confirm the request in writing before providing services for the relevant transaction.

(d) Limitation of Liability: In the absence of additional coverage, the Company’s liability will be limited as follows, subject to applicable law:

For claims arising from activities other than customs brokerage, liability will be limited to fifty dollars ($50.00) per shipment or transaction.

For claims arising from customs-related activities, liability will be limited to fifty dollars ($50.00) per entry or the brokerage fees paid to the Company for that entry, whichever amount is lower.

(e) Exclusion of Certain Damages: To the extent permitted by applicable law, the Company will not be liable for consequential, indirect, incidental, statutory, or punitive damages, even if the Company has been advised of the possibility of such damages.

Advance Payment

All charges are payable in advance unless the Company expressly agrees in writing to extend credit to the Customer.

The extension of credit for a particular transaction does not waive the Company’s right to require advance payment for any other transaction.

 Indemnification and Hold Harmless

The Customer agrees to indemnify, defend, and hold the Company harmless against claims, liabilities, losses, damages, costs, and expenses arising from the importation or exportation of the Customer’s merchandise or from conduct by the Customer that violates applicable federal, state, or other laws.

This obligation includes reasonable legal fees and other expenses incurred by the Company in connection with such claims or proceedings.

If a claim, lawsuit, or legal proceeding is brought against the Company in connection with a matter covered by this section, the Company will provide written notice to the Customer by mail at the address on file with the Company.

 Cash on Delivery and Cash-Collect Shipments

The Company will exercise reasonable care when following written instructions concerning cash-on-delivery (C.O.D.) or cash-collect shipments, bank drafts, cashier’s checks, certified checks, letters of credit, and other similar payment or collection arrangements.

However, the Company will not be liable if a bank or consignee refuses to make payment for a shipment.

Costs of Collection

In any dispute involving amounts owed to the Company, the Company may recover reasonable collection costs, including reasonable attorneys’ fees, as permitted by applicable law.

Interest may be charged at a rate of fifteen percent (15%) per annum or the maximum rate permitted by applicable law, whichever is lower, unless the Company agrees to a lower rate.

General Lien and Right to Sell Customer Property

(a) General Lien: The Company retains a general and continuing lien over any property belonging to the Customer that comes into the Company’s actual or constructive possession or control. This lien may secure amounts owed in connection with the shipment concerned, previous shipments, or both.

(b) Notice of Lien: Before exercising its lien rights, the Company will provide the Customer with written notice of its intention to do so. The notice will specify the amount owed and any ongoing storage or other applicable charges.

The Customer is responsible for notifying all parties with an interest in the shipment of the Company’s lien rights and any action taken to enforce those rights.

(c) Sale of Property: Unless, within thirty (30) days of receiving notice of the lien, the Customer provides cash payment, a sight letter of credit, or, where the amount owed is disputed, an acceptable bond equal to one hundred and ten percent (110%) of the total amount due, the Company may sell the relevant shipment or shipments at public or private sale or auction, subject to applicable law.

Any net proceeds remaining after the amounts owed and applicable costs have been satisfied will be refunded to the Customer.

Recordkeeping Responsibilities

The Customer acknowledges that, under Sections 508 and 509 of the United States Tariff Act, as amended (19 U.S.C. §§ 1508 and 1509), the Customer is responsible for maintaining records required by applicable customs laws and other United States laws and regulations.

Unless otherwise agreed in writing, the Company will retain only those records it is legally required to maintain. The Company does not act as the Customer’s recordkeeper or recordkeeping agent unless expressly agreed in writing.

Binding Rulings, Protests, and Post-Entry Actions

Unless specifically requested by the Customer in writing and accepted by the Company in writing, the Company has no obligation to undertake pre-release or post-release customs actions.

Such actions include, but are not limited to, obtaining binding rulings, advising the Customer of liquidation decisions, filing petitions, submitting protests, and pursuing other customs-related administrative procedures.

Preparation and Issuance of Bills of Lading

When preparing or issuing a bill of lading, the Company is not required to specify the number of individual pieces, packages, cartons, or similar units unless the Customer or its authorized agent specifically requests this information in writing and agrees to pay any applicable charges.

Unless otherwise agreed, the Company will rely on the cargo weight supplied by the Customer.

Written Amendments Only

These Terms and Conditions may be modified, amended, or supplemented only through a written document signed by both the Customer and the Company.

Any unilateral attempt to modify, amend, or supplement these Terms and Conditions will be null and void to the extent permitted by applicable law.

Compensation of the Company

The Company’s compensation for its services will be included in and will be additional to the rates and charges imposed by carriers and other service providers selected to transport, handle, or otherwise manage the goods.

The Company’s compensation is separate from any brokerage fees, commissions, dividends, or other revenue it may receive from carriers, insurers, or other parties in connection with a shipment.

For ocean export shipments, the Customer may request a detailed breakdown of all charges assessed, together with copies of the relevant documents supporting those charges.

If the Company refers an outstanding debt for collection or initiates legal action to recover amounts owed, the Customer will be responsible for reasonable collection expenses and legal fees to the extent permitted by applicable law.

Severability

If any provision or part of these Terms and Conditions is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue in full force and effect to the extent permitted by applicable law.

Governing Law, Jurisdiction, and Venue

These Terms and Conditions and the relationship between the Company and the Customer will be governed by the laws of the State of California, without regard to its conflict-of-law principles.

The Customer and the Company:

(a) Irrevocably consent to the jurisdiction of the federal courts of the United States and the state courts located in California, subject to applicable jurisdictional requirements.

(b) Agree that any legal action relating to the services performed by the Company will be brought exclusively in those courts, subject to applicable law.

(c) Consent to the exercise of personal jurisdiction by those courts where legally permitted.

(d) Agree that any action to enforce a judgment may be brought in any jurisdiction where enforcement is legally available.