All transactions involving Ghanem Forwarding LLC FMC# 020208F (“GF, LLC”), including but not limited to, the carriage of goods by sea between GF, LLC as carrier and the shipper, consignee and/or owner of the cargo, are governed by these Ghanem Terms and Conditions of Service (“Terms & Conditions”), and customer hereby agrees to be bound by these Terms & Conditions:
By using GF, LLC’s services, the customer understands and agrees to all of the Terms & Conditions listed here for any consignment. The customer agrees and certifies that shipments will not contain any unauthorized explosives, destructive devices or hazardous materials. Any such authorization shall be in writing. The customer consents to search of any shipments. Titles will only be mailed upon specific request and after mailing fees paid. GF, LLC will provide an invoice for consignment, and the customer understands freight payment is due by the shipment arrival date at destination per terms of invoice. GF, LLC is not responsible for any damages or losses related to the consignment once it is loaded onto the Ocean Carrier’s vessel and, in any event, GF, LLC’s liability shall be limited to no more than $50 USD per consignment. The customer can elect to purchase additional Marine Insurance and that any binding coverage must be purchased prior to using any GF, LLC booking and prior to US Port delivery. Ocean Carriers normally do not offer any coverages on cargo and limits their liability to their Bill of Lading Terms, which is usually no more than $400 in case of total loss only. The customer agrees to pay all outstanding charges in full within 60 days of US Port manifest email; otherwise, cargo is subject to auction or sale to cover said charges, and customer shall remain liable for any additional charges for auction and sale services.
- Customer will use GF, LLC’s services in a manner consistent with all applicable laws of the U.S. Federal Government.
- GF, LLC reserves the right, in its complete discretion, to deactivate the customer's business account(s) upon an indication of credit problems including delinquent payments, and, thereupon, GF, LLC shall be entitled to auction or sell cargo to satisfy such payments owed to GF, LLC.
- Customer hereby agrees to indemnify and hold harmless GF, LLC for any claim resulting from the shipping of illegal materials and that should any dispute arise related to the shipping, collection of payment, auction of cargo, or any other dispute under this Shipping Agreement and its Terms & Conditions, the customer will pay GF, LLC’s expenses, including, reasonable attorney’s fees and costs. Jurisdiction and venue for any dispute arising under this Shipping Agreement will be in the State of Maryland, USA, and under the laws thereof. The provisions of this paragraph 3 shall survive the termination of this Shipping Agreement and its Terms & Conditions.
- The customer is responsible to verify the accuracy of ALL information listed on each dock receipt prior to the delivery of cargo to the terminal including: Carrier, Port of Loading, Foreign Port of Unloading, Consignee and Notify Party.
- The customer agrees to pay all costs incurred including: Custom Rejections resubmission-$50 per rejection. Any special mailing expenses incurred (overseas packages, overnight/priority delivery, etc.) Documentation & Handling fees per vehicle as informed from GF, LLC to Customer. $50 for any Customs Rejection / $50 for Notary fees – Letter of Intent (LOI) for Title to be exported / $20 Driver Fees for time spent sending Title and waiting to print Dock Receipts if title information is not provided at time of booking / 10% Chargeback Fees of Total Amount for any Bounced-Returned-Voided Payments / $50 Shipment Cancellation Fees (Minimum subject to expenses incurred including port storage) / $250 Port Abandonment - Removal Gate Fees (subject to additional port storage)
It is the sole responsibility of the customer to ensure cargo satisfies all applicable laws, regulations, guidelines and requirements for importation of goods at destination. Any costs related to items not being accepted are solely for the account of the customer. GF, LLC will not be responsible for any claims that may arise from such refusal at destination and shall be indemnified and held harmless from any liability so incurred, which indemnity and held harmless shall survive the termination of this Shipping Agreement and its Terms & Conditions.
Dock Receipts / Bookings:
U.S. Customs Officers at all ports have become increasingly strict about rules for Title Clearance. GF, LLC can only book based on the information the customer provides, so please avoid rejection fees and port storage by booking correctly. The customer can always send a front/back title copy when booking to have GF LLC’s staff ensure more accurate booking. The customer shall provide accurate information of the goods/vehicles delivered for shipment to the carrier, and shall indemnify and hold harmless GF, LLC against all losses, damages and expenses that may arise or result from any inaccuracies provided by the customer, which indemnity and hold harmless shall survive the termination of this this Shipping Agreement and its Terms & Conditions.
*Common Customs Rejections to avoid: missing Lien Release, title missing signature(s), title missing address of the customer, buyer/seller, owner on title not shipper on booking, incorrect title # booked, inaccurate Tax ID (EIN).
Dispatch (Inland Towing):
If GF, LLC is arranging transport for the customer’s vehicle/goods, please send a copy of the front and back of the title with full reassignment to GF, LLC, or there will be additional fees added if the driver needs to provide a copy of the title. Please make sure the vehicle/goods is/are fully paid, no open storage, title is available, and will be released to the driver. Please inform GF, LLC if the vehicle/goods is a Non-Runner or Forklift so GF, LLC can make sure the correct truck is sent to pick up. Please be aware that once the driver gets to auction, if the vehicle/good or title is not ready to be released for any reason including its Non-Runner or Forklift status not stated in booking, Dry Run fees will be invoiced for the driver’s time and vehicle or good could be left at the auction. Please avoid this by ensuring all is set for auction release. If the customer’s vehicle/goods is located at an auction that requires a gate pass, please email the gate pass to GF, LLC, so GF, LLC can provide an easier pick up for drivers. If the customer’s vehicle/goods is located at a residence, please send pictures of the vehicle/goods, and always provide a contact phone number.
Please note that the customer is responsible for all storage at the Auction. GF, LLC can never guarantee that drivers will even pay $1 storage. If a driver is willing to pay the storage, please note additional fees will be added to the invoice. Please always have storage paid to date so pick up is not delayed. Please be prepared to pay more for inland towing if your vehicle/goods is a Non-Runner or Forklift. For longer distance transports and damaged vehicles/goods, GF, LLC reserves the right to request a deposit before GF, LLC sends a driver, on a case-by-case basis.
Concerning Forklift & Non-Runner vehicles/goods, GF, LLC does not decide the charges, this is a port decision based on the port’s rules on damaged vehicles/goods. If the customer requests GF, LLC to transport a vehicle/goods, the customer shall accept whatever fees the port charges based on the status of the customer’s vehicle/goods. The Auctions do NOT always inform Non-Runner or Forklift status, even if the customer’s vehicle/goods is listed as run and drive this may not be the case. The Auctions do not have the same status definitions as the port concerning these damaged vehicles/goods, and if you are not sure, GF, LLC can provide further details for Forklift and Non-Runner bookings. If the customer wants GF, LLC to transport a vehicle/goods, the customer shall accept the vehicle/goods status as is and with all faults, and GF, LLC will email if the booking has to be updated.
Ghanem Forwarding LLC Warehouse Fees:
-Vehicles & Shipments delivered to GF, LLC address are subject to $50 receiving/release fees
-Vehicles & Shipments stored at GF, LLC address are subject to $10 Daily Storage for the first 30 days, then $15 daily after the first 30 days
Payment Procedure / Options:
1. Bank Wire / ACH Transfers *Preferred Form of Payment - For Bank Transfer Authorization/Account details - email firstname.lastname@example.org with VIN
*Wire/ACH payments should be sent directly from shipper/consignee per booking, GF, LLC does not normally accept 3rd Party bank transfers but GF, LLC may, in its discretion, make exceptions on occasion if requested in advance. Unauthorized 3rd Party Bank Transfers are subject to $50 penalty fees.
2. Money Order / Cashier’s Checks (Mail or Deliver to our office)
-Pay to: Ghanem Forwarding, LLC – 68 Alco Place, Halethorpe, MD 21227
-Memo/Reference/Note: Shipper Name (Account Name) AND VIN (Last 6 Digits)
*Payments without VIN/Shipper referenced are not guaranteed for same-day processing
*Due to the excessive amount of payments mailed to GF, LLC’s office with no shipper or vin correctly referenced as requested per payment procedure, there will be processing fees charged to handle the re-processing of payments that are received without correct reference: $10 per payment with no shipper and/or vin noted - $15 per completely blank payments with no details inscribed
*10% Chargeback Fees of Total Amount for any Bounced-Returned-Voided Payments
*Invoices sent before port delivery and customs clearance are subject to change until transporters confirm all charges and shipment is fully cleared by customs. Invoices are subject to change per additional carrier/port charges added after manifest. Actual shipment cost is calculated by measurements taken by port and current carrier rates at time of delivery to port (not booking or quote date). Invoices are dated when created and should be paid in full for release within 1 month of manifest or subject to $100 late fees per month past due. Please pay invoices within 2 months of manifest to avoid vehicle auction and legal collections. Shippers are still held responsible for all charges for additional services requested if vehicle/goods is auctioned and ocean freight recovered. Vehicle/goods auction occurs when invoice is not paid after 2 months of initial manifest/loading/sailing date. If Shipper does not pay vehicle/goods invoice within those 2 months, GF, LLC reserves the right to auction the vehicle/goods for the invoice balance and expenses to change the consignee to the purchasing party. When the final invoice or manifest is issued it will serve as constructive notice. By booking with GF, LLC, shippers agree to this Shipper Agreement and its Terms & Conditions.
Telex/Print Releases are ordered same day payment is received, if the customer provides the VIN. GF, LLC recommends the customer supply VIN with payment and pay before shipments arrive for fastest release possible. *Please note Release Emails are issued the week of vessel arrival (ETA) not in advance - if the customer paid early, thank you, GF, LLC will send release asap. Carriers take 24-72 hours on average to issue Releases once payment is made. Release Emails for cargo that has been at destination already for over 48 hours typically take an extra 24-48 hours for release processing.
Vehicle/Goods Damages Claims:
GF, LLC always recommends Freight Insurance for all RORO shipment as Carrier Bill of Lading terms do not cover damages or full loss. In the event of vehicle/goods damages upon arrival at destination, please make claim directly with local port agent. Claims are settled at destination, not in the USA. GF, LLC can assist with claims occasionally but typically all claims are settled at destination. Please submit claim directly to Port of Destination Terminal Agent below requesting specific amount for damages per vehicle/goods. For GF, LLC’s assistance, all GF, LLC requires is the documentation the customer submitted/received from the Port of Destination per vehicle/goods, as well as the customer’s official documented claim to Destination Port Agent, noting specific amount the customer is requesting. Most of the time, the agent will honor claims directly, however, if needed, GF, LLC will get involved to help get this resolved.
Detention & Demurrage Policy: Pass-Through Basis:
All detention and demurrage charges as invoiced by the underlying ocean common carrier are passed through to the relevant shipper. Carrier shall provide a true copy of each detention and demurrage invoice made by the underlying ocean common carrier.
Carrier is a non-vessel-operating common carrier (NVOCC) operating under the Safe Harbor provision of The Shipping Act of 2022 – Public Law 117-146, which provides that an NVOCC that passes through to the relevant shipper a detention and demurrage invoice made by the underlying ocean common carrier, and is not otherwise found to be responsible for the charges by the U.S. Federal Maritime Commission (FMC), shall not be subject to penalties or refund requirements issued by the FMC rather the underlying ocean common carrier shall be subject to any penalties or refund requirements issued by the FMC.
**Shipments booked under GF, LLC are governed by the U.S. Carriage of Goods by Sea Act (COGSA), except as may be otherwise required by any national law, making other law compulsorily applicable. GF, LLC encourages the customer to purchase insurance for the value of the customer’s cargo during transit.**
Please note, quotes are based on the information provided, and are only estimated costs. Quotes are not binding agreements. Actual shipment cost is calculated by measurements taken by port and current carrier rates at time of delivery to port (not booking or quote date). Please remember, ports change rates constantly and this estimate is based on today’s current rates. Rates are valid for 30 days but subject to change per carrier without notice.
Grimaldi EUROMED Terms of Service: Should the unit become un-drivable for any reason, GRIMALDI reserves the right to charge for the repairs and/or handling cost of the unit as static freight at the sole risk and expense of the Merchant.
Defaults. Upon any default hereunder by customer in addition to the remedies set forth herein, GF, LLC shall have and may exercise any or all other rights and remedies GF, LLC may have available at law, in equity, or otherwise. Except as may be prohibited by applicable law, all of GF, LLC’s rights and remedies shall be cumulative and may be exercised singularly or concurrently.
Entire Agreement. This Shipping Agreement and its Terms & Conditions, constitutes the entire understanding and agreement of GF, LLC and the customer as to the matters set forth in this Shipping Agreement and its Terms & Conditions. No alteration of or amendment to this Shipping Agreement and its Terms & Conditions shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
Legal Fees, Etc. If GF, LLC retains the services of an attorney(s)to assist in enforcing this Shipping Agreement and its Terms & Conditions, Customer will pay, subject to any limits under applicable law, GF, LLC’s reasonable attorneys’ fees and all of GF, LLC’s other collection and legal fees and expenses, whether or not there is a lawsuit initiated by GF, LLC, and including without limitation additional legal expenses for bankruptcy proceedings.
Captions. Caption headings in this Shipping Agreement and its Terms & Conditions are for convenience purposes only and are not to be used to interpret or define the provisions of this Shipping Agreement and its Terms & Provisions.
Waiver of Jury Trial, Etc. GF, LLC AND THE CUSTOMER EACH HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO WHICH GF, LLC OR THE CUSTOMER MAY BE PARTIES, ARISING OUT OF, OR IN ANY WAY PERTAINING TO, THIS AGREEMENT AND ITS TERMS & CONDITIONS. IT IS AGREED THAT THIS WAIVER CONSTITUTES A WAIVER OF TRIAL BY JURY OF ALL CLAIMS AGAINST ALL PARTIES TO SUCH ACTIONS OR PROCEEDINGS. THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE BY GF, LLC AND THE CUSTOMER, AND GF, LLC AND THE CUSTOMER EACH HEREBY REPRESENT THAT NO REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANY INDIVIDUAL TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT. THE CUSTOMER FURTHER REPRESENTS THAT THE CUSTOMER HAS BEEN REPRESENTED IN THE SIGNING OF THIS SHIPPING AGREEMENT AND ITS TERMS & CONDITIONS IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, SELECTED OF THE CUSTOMER’S OWN FREE WILL, AND THAT THE CUSTOMER HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL. GF, LLC AND THE CUSTOMER AGREE THAT THE FOREGOING CAPITALIZED AND BOLDED PROVISION SHALL SURVIVE THE TERMINATION OF THIS SHIPPING AGREEMENT AND ITS TERMS & CONDITIONS.
Applicable Law. THIS SHIPPING AGREEMENT AND ITS TERMS & CONDITIONSSHALL IN ALL RESPECTS BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE SUBSTANTIVE FEDERAL LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF MARYLAND, USA GF, LLC AND THE CUSTOMERHEREBY IRREVOCABLY SUBMIT TO THE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN MARYLAND IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS SHIPPING AGREEMENT AND ITS TERMS & CONDITIONS AND HEREBY IRREVOCABLY AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING SHALL BE HEARD AND DETERMINED IN A STATE OR FEDERAL COURT SITTING IN MARYLAND. GF, LLC AND THE CUSTOMER AGREE THAT THE FOREGOING CAPITALIZED AND BOLDED PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Waiver. GF, LLC shall not be deemed to have waived any rights under this Shipping Agreement and its Terms & Conditions unless such waiver is given in writing and signed by GF, LLC. No delay or omission on the part of GF, LLC in exercising any right shall operate as a waiver of such right or any other right. A waiver by GF, LLC of a provision of this Shipping Agreement and its Terms & Conditions shall not prejudice or constitute a waiver of GF, LLC’s right otherwise to demand strict compliance with that provision or any other provision of this Shipping Agreement and its Terms & Conditions. No prior waiver by GF, LLC, nor any course of dealing between GF, LLC and the Customer, shall constitute a waiver of any of GF, LLC’s rights or of any of the Customer’s obligations as to any future transactions. Whenever the consent of GF, LLC is required under this Shipping Agreement and its Terms & Conditions, the granting of such consent by GF, LLC in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of GF, LLC.
Notice. Any notice required to be given under this Shipping Agreement and its Terms & Conditions shall be given in writing, and shall be effective when actually delivered, if hand delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown in the beginning of this Shipping Agreement. Any party may change its address for notices under this Agreement by giving formal written notice to the other party, specifying that the purpose of the notice is to change the party’s address. For notice purposes, the Customer agrees to keep GF, LLC informed at all times of the Customer’s current address.
Severability. If a court of competent jurisdiction finds any provision of this Shipping Agreement and its Terms & Conditions to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Shipping Agreement and its Terms & Conditions. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Shipping Agreement and its Terms & Conditions shall not affect the legality, validity or enforceability of any other provision of this Shipping Agreement and its Terms & Conditions.
Time of Essence. Time is of the essence in the performance of this Shipping Agreement and its Terms & Conditions.
No Counterclaim. The Customer shall not interpose any non-mandatory counterclaim(s) in a summary proceeding or in any action based on payment of any fees, costs or expenses payable to GF, LLC.
Duly Organized. If the Customer is an entity, the Customer hereby represents, covenants and agrees that it is duly organized, is validly existing, is in good standing under the laws of the state of its formation, and in good standing under the laws of the state of Maryland.
1. DEFINITIONS – In these Terms and Conditions of Service the term "Carrier" means Ghanem Forwarding LLC, the vessel, her owner, Master, operator, demise charterer, and if bound hereby, the time charterer, and any substitute Carrier whether the owner, operator, charterer or Master shall be acting as carrier or bailee. “Vessel” means the intended Ocean Vessel on which the Goods are to be carried and any vessel craft, lighter or other means of conveyance by water which is or shall be substituted in whole or in part for such named ocean vessel and also includes any other vessel(s) onto which Goods may be loaded for the purpose of being transported thereon in furtherance of the carriage covered by these Terms and Conditions of Service or any part thereof. “Merchant” means the shipper, consignor, consignee, the holder of the dock receipt issued for the Goods, and/or the receiver or the owner of the Goods. “Package” means any container, flat rack, pallet or other form of cargo carrying unit or equipment referred to on the dock receipt or in or on which any Goods may be unitized or otherwise packed or stowed when received by the Carrier for carriage or subsequent to such receipt. “Place of Receipt”, “intended Port of Loading”, “intended Port of Discharge” and “intended Place of Delivery” mean respectively the place of receipt, port of loading (Ocean Vessel), port of discharge (Ocean Vessel), and place of delivery nominated on the dock receipt. “Goods” means the cargo received from the Shipper and includes any Container(s) supplied by or on behalf of any other than the carrier. “Charges" means and includes freight and all expenses and money obligations incurred and payable by the Merchant.
2. CARRIER’S RESPONSIBILITY – (a) Subject to Clause 8 and 9 hereof the liability (if any) of the Carrier in respect of the Goods during the period commencing with their being loaded onto any seagoing vessel and continuing up to and during discharge from the vessel or from another seagoing vessel into which the Goods shall have been transshipped shall be determined in accordance with the provisions of the Carriage of Goods by Sea Act of the United States of America (“COGSA”), which shall be deemed to be incorporated herein and in accordance with these Terms and Conditions of Service or other contract of carriage of the subcontractor responsible for the carriage of such Goods by sea, all of which terms and conditions to the extent that they are not in conflict with the express provisions of these Terms and Conditions of Service, are incorporated herein. Further, it is agreed that COGSA, including all its limitations and defenses, shall apply by contract to all shipments to or from the United States before loading and after discharge from the time the goods are received by the Carrier at the Place of Receipt or Port of Loading until delivered by the Carrier at the Port of Discharge or Place of Delivery, as applicable. (b) Save as provided in (a) hereof the Carrier shall be under no liability in any capacity whatsoever for loss or misdelivery of or damage to the goods however caused whether or not through the negligence of the Carrier, his servants or agents or subcontractors or for any direct or indirect loss or damage caused by delay or for any indirect or consequential loss or damage. (c) In the event of any loss or misdelivery or delay in delivery of or damage to the Goods occurring between the time that the Goods are received by the Carrier at the Place of Receipt and the time of delivery at the intended Place of Delivery, the burden of proving that such loss, misdelivery, delay in delivery or damage (or any part thereof) occurred during the period specified in Clause (a) hereof shall be upon the Merchant. In the event that the Merchant is unable to discharge such burden of proof, the Carrier shall be under no liability for such loss, misdelivery, delay in delivery of, or damage to the Goods (or any part thereof) in accordance with (b) hereof. (d) INSURANCE WILL NOT BE ARRANGED BY GHANEM FORWARDING LLC INC. EXCEPT WITH THE EXPRESS INSTRUCTIONS IN WRITING OF THE CONSIGNOR AND THEN ONLY AT THE EXPENSE AND LODGEMENT OF A DECLARATION AS TO THE VALUE OF THE GOODS, PRIOR TO SHIPMENT. MARINE INSURANCE IS NOT COVERED WITHIN YOUR OCEAN FREIGHT SERVICE. RECEIVED by the Carrier the Goods as specified in the Dock Receipt in apparent good order and condition unless otherwise stated to be transported to such place as agreed, authorized or permitted herein and subject to all these Terms and Conditions of Service to which the Merchant agrees by the release of the Goods into the custody of the Carrier, any local privileges and customs notwithstanding. The particulars contained in the Dock Receipt as stated by the shipper and the weight, measure, quantity, condition, contents and value of the Goods are unknown to the Carrier. If required by the Carrier, the Dock Receipt must be surrendered duly endorsed in exchange for the Goods or delivery order. LIMITATION ON CARRIER’S LIABILITY/SHIPPER’S AD VALOREM OPTION. The Carrier shall in no event be or become liable for any loss or damage to or in connection with the transportation of Goods in an amount exceeding US $500 per package, or in the case of goods not shipped in packages per customary freight unit, or the equivalent of that sum in other currency (or such other limitation imposed by a Carriage of Goods by Sea Act, statute or law in force according to the provisions hereof) unless the nature and value of such goods have been declared by the Merchant before shipment and inserted in the Dock Receipt. Such declaration of value shall not, however, be conclusive on the Carrier for purposes of determining the extent of the Carrier’s liability. If the Merchant desires to be covered for a valuation in excess of said US $500 per package or customary freight unit or any other applicable limitation, the Merchant must so stipulate in the Dock Receipt and such additional liability only will be assumed by the Carrier upon payment of the Carrier’s ad valorem freight charge corresponding to the cargo value declared by the Merchant in the Dock Receipt. If Merchant declares cargo value in the Dock Receipt, Carrier’s limitation of liability shall not apply and the ad valorem rate will be charged.
3. MERCHANT’S RESPONSIBILITY - a) The description and particulars of the Goods set out on the face of the Dock Receipt and any description, particular or other representation appearing on the Goods or documents relating thereto are furnished by the Merchant, and the Merchant warrants to the Carrier that the description, particulars and any representation made, including, but not limited to, weight, content, measure, quantity, quality, condition, marks, numbers and value are correct. For all Goods, Merchant shall provide to the Carrier all documents or information necessary or useful for the safe and proper warehousing, handling, storage, and transportation (if any) of the Goods. If all such information and documents are not fully, accurately and timely provided to the Carrier, Merchant shall indemnify carrier for all consequences of such failure. b) The Merchant warrants it has complied with all applicable laws, regulations and requirements of Customs, port and other authorities and shall bear and pay all duties, taxes, fines, imposts, expenses and losses incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering, addressing or any other particulars relative to the Goods. c) The Merchant further warrants that the Goods are packed in a manner adequate to withstand the ordinary risks of Carriage having regard to their nature and in compliance with all laws, regulations and requirements which may be applicable. d) No Goods which are or may become dangerous, inflammable or damaging or which are or may become liable to damage any property or person whatsoever shall be tendered to the Carrier for Carriage without the Carrier’s prior express consent in writing and without the Container or other article of transport in which the Goods are to be transported and the Goods being distinctly marked on the outside so as to indicate the nature and character of any such articles and as to comply with all applicable laws, regulations and requirements. If any such articles are delivered to the Carrier without such written consent and marking or if, in the opinion of the Carrier, the articles are or are liable to become of a dangerous, inflammable or damaging nature, the same may at any time be destroyed, disposed of, abandoned or rendered harmless without compensation to the Merchant and without prejudice to the Carrier’s right to Charges. e) The Merchant shall be liable for all loss or damage of any kind whatsoever, including but not limited to, contamination, soiling, detention and demurrage before, during and after the Carriage of property (including but not limited to Containers) of the Carrier or any person (other than the Merchant) or vessel caused by the Merchant or any person acting on its behalf or for which the Merchant is otherwise responsible. f) The Merchant shall defend, indemnify, and hold harmless the Carrier against any loss, damage, claim, liability or expense whatsoever arising from any breach of the provisions of this Clause or from any cause in connection with the Goods for which the Carrier is not responsible. g) All shipments are subject to inspection by the Carrier; by the Carriers’s Carriers for any transportation services provided, if any; and by any duly authorized government or regulatory entities, including but not limited to the U.S. Transportation Security Administration, U.S. Customs and Border Protection, and like entities. Notwithstanding the foregoing right to inspect shipments, the Carrier is not obligated to perform such inspection except as mandated by law. Further, the Carrier reserves the right to unilaterally reject any shipment that it deems unfit for transport, or for storage under this Warehouse Receipt, after inspection.
4. CARRIER’S SCHEDULE – The Carrier accepts no liability for schedule deviations.
5. CONTRACTING PARTIES – In agreeing to and accepting these Terms and Conditions of Service the Shipper acts for himself and on behalf of each Merchant. The Shipper warrants to the Carrier that he is entitled and is duly authorized by any other person who owns or is entitled to possession of the Goods to agree to and accept these Terms and Conditions of Service and to deliver the Goods to the Carrier and also in accepting endorsement or delivery hereof from the Shipper, Consignee or any other prior endorsee or holder and/or deliveree of the Goods be confirms, ratifies and agrees to be bound by all of the stipulations, exceptions and conditions stated herein whether written, printed, stamped or otherwise incorporated on the front or back hereof, and that the contract contained or evidenced herein shall be fully binding between the Carrier and such Merchant in all respects. Each Merchant agrees also that all agreements and freight arrangements previously made for the carriage of the Goods are superseded by the contract contained or evidenced herein and the Dock Receipt.
6. SUB-CONTRACTING: Exemptions and immunities of Servants, agents and Sub-Contractors –The Carrier shall be entitled to sub-contract on any part of the carriage, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by the Carrier in relation to the Goods. The Merchant shall make no claim whatsoever in relation to the Goods against any servant, agent or sub-contractor of the Carrier or its servants or agents and shall further indemnify the Carrier against any claims which may be made upon the Carrier by any such servant, agent or sub-contractor and which arise out of any claim whether arising in negligence or otherwise in relation to the Goods against whomsoever made by the Merchant without prejudice to the foregoing every such servant, agent and sub-contractor shall have the benefit of all provisions herein for the benefit of the Carrier as if such provisions were expressly for their benefit, and in entering into this contract the Carrier to the extent of these provisions does so not only on its own behalf but also as agent and trustee for such servants, agents and sub-contractors. The Merchant authorizes the Carrier to arrange for any ocean carriage required under these Terms and Conditions of Service to be performed by any ocean carrier on the terms and conditions of the regular form of Bill of Lading or Terms and Conditions in use by such ocean carrier.
7. ROUTE OF TRANSPORT – (a) The Goods may, at the Carrier’s absolute discretion be carried as a single or several shipments by the Vessel and or any other means of transport and through any route whatsoever, whether or not such route is the direct advertised or customary route. (b) Any action taken by the Carrier under this Clause or delay resulting therefrom shall be deemed to be included within the contractual carriage and shall not be a deviation. Should the Carrier be held liable in respect of such action, the Carrier shall be entitled to the full benefit of all privileges, rights and immunities contained in these Terms and Conditions of Service.
8. CONTAINER PACKED BY CARRIER – Where Goods received for carnage under these Terms and Conditions of Service are not already contained in or on Container(s) at the time of such receipt the Carrier shall be at liberty to carry such Goods in or on Container(s).
9. CONTAINER PACKED BY MERCHANT – If the Goods accepted by the Carrier is a Container(s) into which contents have been packed by or on behalf of the Merchant. (a) the Merchant guarantees that the stowage of the contents in Container(s) and the closing and sealing of the Container(s) are safe and proper and also that the Container(s) and content thereof are suitable for handling and carriage in accordance with the terms hereof, in the event of the Merchant’s breach of such guarantee, the carrier shall not be responsible for any loss or damage to or in connection with the Goods, and the Merchant shall be responsible for all consequences of whatsoever kind of such beach and shall indemnify the Carrier against any loss, damage, expense or liability which the Carrier suffers or incurs as a consequence of such breach: (b) the Merchant shall inspect the Container(s) when the same are furnished by or on behalf of the Carrier, and they shall be deemed to have been accepted by the Merchant as being in sound and suitable condition for the purpose of the transport contracted herein, unless he gives notice to the contrary in writing to the Carrier, prior to packing the Container(s): (c) if the Container(s) are delivered from the Carrier with seals intact, such delivery shall be deemed as full and complete performance of the Carrier’s obligation hereunder and the Carrier shall not be liable for any loss of or damage to the contents of the Container(s), (d) the Carrier shall be at liberty to inspect the contents of the Container(s) without notice to the Merchant at such time and place as the Carrier may deem necessary, all expenses incurred in respect thereof being borne by the Merchant and in case the seals of the Container(s) are broken by the Customs or other authorities for inspection of the contents of the said Container(s), the Carrier shall not be liable for any loss, damage, expenses or any other consequences arising or resulting therefrom and (e) the Dock Receipt is prima facie evidence of the receipt only of the number of Container(s) as shown on the face thereof, and the order and condition of the contents and any particulars thereof are unknown to the Carrier who accepts no responsibility in respect thereof.
10. CARRIER’S CONTAINER– (a) The Merchant shall assume full responsibility for and shall indemnify the Carrier against any loss of or damage to the Carrier’s Container(s) and other equipment which occurs while in the possession or control of the Merchant, his agents or sub-contractors engaged by or on behalf of the Merchant (b) The Carrier shall in no event be liable for and the Merchant shall indemnify and hold the Carrier harmless from and against any loss of or damage to property of other persons or injuries to other persons caused by the Carrier’s Container(s) or the contents thereof during handling by, or while in the possession or control of the Merchant, his agents or sub-contractors engaged by or on behalf of the Merchant.
11. RETURN OF CONTAINERS – In case goods are delivered in Container(s) which the Carrier owns or to the possession of which the Carrier is otherwise entitled, the Merchant taking delivery shall return such Container(s) promptly.
12. DESCRIPTION AND PARTICULARS OF GOODS– (a) The description and particulars of the Goods set out on the face of the Dock Receipt are furnished by the Merchant and are unknown to the Carrier who shall be under no responsibility whatsoever in respect of such description and particulars. (b) The Merchant warrants to the Carrier that the particulars relating to the Goods as set out on the front of the Dock Receipt, and any other particulars furnished by or on behalf of the Merchant, are correct and shall indemnify the Carrier against all loss, damage, expenses, and liability including taxes, penalties and fines suffered or incurred by the Carrier as a result of the Merchant being in breach of such warranty.
13. FREIGHT AND CHARGES – (a) The freight payable hereunder has been calculated and based on particulars of the Goods furnished by or on behalf of the Merchant. The Carrier shall be entitled at any time to reweigh, re-measure or revalue the Goods and for this purpose to open and remove and examine the contents of any Container(s) and if the particulars furnished are found to be incorrect the freight shall be adjusted accordingly, and the Merchant shall also pay any expenses incurred by the Carrier in checking the said particulars. (b) Freight shall be deemed earned on receipt of the Goods by the Carrier and shall be paid by the Merchant, Goods and/or conveyance lost or not lost. The Merchant shall remain responsible for all Charges, regardless whether the Dock Receipt states, in words or symbols, that it is “Prepaid,” “to be Prepaid” or “Collect,” including, but not limited to, costs, expenses and reasonable attorneys’ fees incurred by the Carrier in pursuing Charges. Payment of Charges to a freight forwarder, broker or to anyone other than the Carrier shall not be deemed payment to the Carrier and shall be at the Merchant’s risk.
14. LIEN – (a) The Carrier shall have a lien on the Goods which shall survive delivery for any sums whatsoever payable by or chargeable to or for the account of the Merchant under these Terms and Conditions of Service and any contract preliminary hereto and the cost and expenses of recovering same and may sell the Goods privately or by public auction without notice to the Merchant. If on sale of the Goods the proceeds fail to cover the amount due and the cost and expenses incurred, the Carrier shall be entitled to recover the deficit from the Merchant. (b) If the Goods are unclaimed during a reasonable time or whenever in the Carrier’s opinion, the Goods will become deteriorated, decayed or worthless, the Carrier may, at his discretion and subject to his lien and without any responsibilities attaching to him, self-abandon or otherwise dispose of such Goods solely at the risk and expense of the Merchant.
15. EXPENSES – The Merchant shall be liable for and shall indemnify the Carrier and hold it harmless against all loss, damage, costs, expenses and liability (including taxes, penalties and fines) of whatsoever nature suffered or incurred by the Carrier in connection with the Goods or the Container(s) because of failure by the Merchant to procure consular, Department of Health or other permits or any papers that may be required at any port of place in connection with the Goods or to supply information or otherwise to comply with all laws and regulations in connection with Goods or any expenses or disbursements incurred in accordance with Paragraph 18 (a) and 9 (b) hereof or from any other act or omission of the Merchant and also against all damages, charges, legal fees and other expenses which the Carrier may incur in connection with attachments, seizures, executions, claims or legal proceedings of any description against Goods by third parties, or any proceedings by way of interpleader or otherwise which the Carrier may bring to determine the right or ownership or possession in or to the Goods or Container(s) also against any expenses or charges for regaining or attempting to regain possession of the Goods or Container(s). The Merchant authorizes the Carrier to pay and/or incur all such costs, expenses, and charges and to do any matters mentioned above at his expense and as his expense and as his agent and engage other persons to regain or seek to regain possessions of Goods or Container(s) and do all things deemed advisable for the benefit of Goods or Container(s). The Merchant and the Goods shall be jointly and severally liable for the payment of any sums due to the Carrier hereunder by the Merchant. Without in any way limiting the generality of the foregoing, the Merchant shall indemnify the Carrier in respect of any dues or duties or other charges which the Carrier becomes legally liable to pay and pass to any governmental customs or other authority in respect of the Goods.
16. DANGEROUS GOODS AND CONTRABAND – Goods of any inflammable, explosive, radioactive, corrosive, damaging, noxious, hazardous, poisonous, injurious or dangerous nature must not be tendered for carriage hereunder unless written notice of their natural name, label, classification and the method of rendering the said Goods innocuous with the names and addresses of the shipper and consignee has been previously given to the Carrier and their nature is distinctly marked on the outside of the Container(s), package(s) or piece(s) as required by applicable statutes or regulations. The foregoing written notice shall bear the certificate required by applicable statutes or regulations to certify that the Goods are properly described, packed and marked and in proper condition for transportation according to the regulations prescribed by the competent authority. If any Goods tendered for carriage without previous written declaration are or at any time become of the abovementioned nature or are or become contraband or prohibited by any law or regulations of any port or place of loading, discharge or call or any place during transit whether the Merchant is aware thereof or not, such goods, upon discovery at any time, may be rendered innocuous, thrown overboard or discharged at any port of place, or to be otherwise disposed of at Carrier’s or sub-contractors discretion without liability, attaching thereto and without prejudice to the Carrier’s right to freight and any other charges payable hereunder. The foregoing provisions shall also apply to any such Goods tendered for carriage with such previous declaration which in the opinion of the Carrier or his subcontractor have or are likely to become dangerous to the Carrier, Vessel, Cargo or other property or person. The Merchant shall be liable to indemnify the Carrier against all loss, damage, expenses and liabilities (including taxes, penalties and fines suffered or incurred by the Carrier as a result of the carriage of Goods. The Carrier reserves the right but shall have no obligation to strip Container(s) packed by or on behalf of the Merchant and examine the contents thereof and arrange for re-stowage, re-cooperage or reconditioning at the Carrier’s or the sub-contractor’s discretion but at the Merchant’s risk and expense.
17. SPECIAL CONTAINER – (a) The Carrier does not undertake to carry the Goods in refrigerated, heated, insulated, ventilated or any other special Container(s) nor to carry special Container(s) packed by or on behalf of the Merchant as such but the Carrier will treat such Goods or Container(s) only as ordinary goods or dry Container(s) respectively, unless special arrangements for the carriage of such Goods or Container(s) have been agreed to in writing between the Carrier and the Merchant and unless such special arrangements are noted on the face of the Dock Receipt and unless special freight as required has been paid. The Carrier does not accept responsibility for the proper functioning of special Container(s) supplied by or on the behalf of the Merchant. (b) As regards the Goods which have been agreed to be carried in special Container(s) the Carrier shall exercise due diligence to maintain the facilities of the special Container(s) while they are in his actual custody and control but shall not be liable for any loss of or damage to the Goods caused by latent defects, derangement or breakdown of facilities of the Container(s). (c) If the Goods have been packed into refrigerated Container(s) by the Carrier and the particular temperature range requested by the Merchant is inserted in the Dock Receipt, the Carrier will set the thermostatic controls within the requested temperature range but does not guarantee the maintenance of such temperature inside the Container(s). (d) If the goods have been received by the Carrier in Container(s) which have been packed by or on behalf of the Merchant, it is the obligation of the Merchant to stow the contents properly and set the thermostatic controls exactly. The Carrier shall not be liable for any loss or damage to the Goods arising out of or resulting from the Merchant’sfailure in such obligation and further does not guarantee the maintenance of the intended temperature inside the Container(s).
18. DECK CARGO – The Carrier shall have the right to carry vehicles, machinery, boats, or other large break bulk cargo on deck or below deck and to carry any containerized cargo, whether packed by the Shipper or the Carrier, on deck or below deck on any Vessel.
19. TRANSHIPMENT AND FORWARDING – (a) Whether arranged beforehand or not the Carrier shall be at liberty without notice to perform the contract of carriage evidenced by the Dock Receipt and these Terms and Conditions wholly or partly by the named or any other Vessel(s) or craft or by any vehicle, aircraft or other means of transport by water, land or air, whether owned or operated by the Carrier or others. The Carrier may under any circumstance whatsoever discharge the Goods or any part thereof at any port of place for transshipment and store the same afloat or ashore and then forward the same by any means of transport. (b) In case of the Goods specified in the Dock Receipt cannot be found at the port of discharge or the Place of Delivery or if they be miscarried then, when found, may be forwarded to their intended port of discharge or Place of Delivery at the Carrier’s expense, but the Carrier shall not be liable for any loss, damage, delay or depreciation arising from such forwarding.
20. DELIVERY – (a) The Carrier shall have the right to deliver the Goods at any time from or at the Vessel’s side, customhouse, warehouse, wharf, quay or any other place designated by the Carrier within the geographic limits of the intended Port of Discharge or the intended Place of Delivery shown on the face hereof. (b) In any case the Carrier’s responsibility shall cease when the Goods have been delivered to the Merchant, his servants, agents or sub-contractors or any other person entitled to receive the Goods on his behalf at the place designated by the Carrier. Delivery of the Goods to the custody of customs or other authorities shall constitute final discharge of the Carrier’s responsibility hereunder: (c) In case the Goods received by the Carrier are Container(s) into which contents have been packed by or on behalf of the Merchant, the Carrier shall only be responsible for delivery of the total number of Container(s) and deliver the contents thereof in accordance with brands, marks, numbers, sizes or types of packages or pieces; (d) In case the Goods have been packed into Container(s) by the Carrier, the Carrier shall unpack the Container(s) and deliver the contents thereof and shall not be required to deliver the Goods in Container(s); (e) In the event that the Carrier delivers or places the goods into any customs house, bond store or any other place as is prescribed in part (a) hereof, the Merchant shall be liable to pay and shall pay all costs, expenses and charges associated or in any way connected therewith; (f) In the event that the Carrier attempts delivery of the goods to the Merchant pursuant to the terms hereof, during normal trading hours and the Merchant, his agents or sub-contractors or any other person nominated to take delivery of the Goods on his behalf does not take or accept delivery of the Goods, the Merchant shall be liable to pay and shall pay all costs, expenses and charges suffered or incurred by the Carrier, his servants, agents or sub-contractors in connection or in any way associated with such attempted delivery, until delivery is accomplished. In no case has the Merchant the right to abandon the goods entrusted to the Carrier for reasons such as damage to the goods, depreciation and/or partial loss of the goods and/or any quality reasons, delay in redelivery or for any reason whatsoever. In the event of abandonment, the Merchant shall be liable for any and all cost, fines, storage or demurrage arising therefrom.
21. NOTICE OF CLAIM AND TIME FOR SUIT – (a) Unless notice of loss or damage and general nature of such loss or damage be given in writing to the Carrier or his agent at the Port of Discharge or Place of Delivery before or at the time of the removal of the Goods into the custody of the person entitled to delivery thereof under the Dock Receipt and these Terms and Conditions of Service, such removal shall be prima facie evidence of the delivery of the goods by the Carrier, as described in these Terms and Conditions of Service. (b) In any event the Carrier shall be discharged from all liability in respect to non-delivery, misdelivery, delay, loss or damage unless suit is brought within 1 year after delivery of the Goods or the date when the Goods should have been delivered. (c) Merchant and Carrier agree as follows: (i) All Claims will be initiated, negotiated, and settled via electronic communication, using particular forms, which are available from Carrier; electronic transmission will be deemed to be written communication, for all purposes; (ii) Any amounts negotiated and agreed to between Merchant and Carrier for the resolution of claims will be resolved via future credits against future freight charges; in no event will such amounts be paid in cash or cash equivalent; (iii) A unique Claim number will be assigned each Claim, and all communication with respect to that Claim must reference that unique number; the final written communication related to particular Claim number will include language demonstrating Merchant’s agreement that transmission of that communication will fully and finally resolve that Claim.
22. GOVERNING LAW AND JURISDICTION – (a) The contract evidenced by or contained in the Dock Receipt and these Terms and Conditions of Service shall be governed by the Law of the State of Maryland in the United States of America and any action or other dispute thereunder shall be brought before Maryland courts unless the Carrier otherwise agrees in writing. (b) In the event that notwithstanding condition 21 (a) this contract shall be held to be subject to the laws of any other State or Country then, except where repugnant to the provision of that law, these conditions shall continue to apply.
23. VARIATION OF THE CONTRACT, ETC. – No servant or agent of the Carrier shall have power to waive or vary any of the terms hereof unless such waiver or variation is in writing and is specifically authorized or ratified in writing by the Carrier
24. TARIFF - The provisions of the Carrier’s applicable Tariff, if any, are incorporated herein. Copies of such provisions are obtainable from the Carrier or his agents upon request or, where applicable, from a government body with whom the Tariff has been filed. In the case of inconsistency between these Terms and Conditions of Service and the applicable Tariff, these Terms and Conditions of Service shall prevail.
25. FREIGHT FORWARDING SERVICES - Where GHANEM FORWARDING LLC, Inc. provides services as a freight forwarder, GHANEM FORWARDING LLC, Inc's liability shall be limited to $50.00 per shipment or transaction. In no event shall GHANEM FORWARDING LLC, Inc. be liable or responsible for consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages. Customer agrees that GHANEM FORWARDING LLC, Inc. shall in no event be liable for the acts of third parties. Third parties to whom the goods are entrusted may limit liability for loss or damage; GHANEM FORWARDING LLC, Inc. will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at GHANEM FORWARDING LLC, Inc.’s discretion, the goods may be tendered to the third party, subject to the terms of the third party’s limitations of liability and/or terms and conditions of service. Unless requested to do so in writing and confirmed to Customer in writing, GHANEM FORWARDING LLC, Inc. is under no obligation to procure insurance on Customer’s behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance. In the absence of additional coverage. In the absence of additional coverage. The declared value for each shipment must be provided to Ghanem Forwarding via email (email@example.com) prior to dock receipt being issued, to be filed with above Federal Agencies. If no declared value had been provided by the shipper prior to exportation Ghanem Forwarding is here by authorized to estimate and declare ANY dollar value it deems adequate. Ghanem Forwarding is hereby indemnified against ANY liability resulting from the wrongly declared value. NOTE THIS IS NOT THE EXCESS VALUE, COVERAGE WILL BE LIMITED ACCORDING TO GHANEM FORWARDING TERMS AND CONDITIONS. NO ADDITIONAL LIABILITY COVERAGE WILL BE PROVIDED BASED ON THE DECLARED VALUE IN SED.