Terms and Conditions

Terms and Conditions

These terms and conditions of service constitute a legally binding contract between JR Global (“Company”) and the “Customer.” If the Company provides services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions in such document(s) will take precedence over those listed here.

Definitions

  • “Company” shall mean JR Global, including its subsidiaries, related companies, agents, and/or representatives.

  • “Customer” shall mean the entity or individual for which the Company is rendering services, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehouse operators, buyers, sellers, shipper’s agents, insurers, underwriters, break-bulk agents, and consignees. It is the Customer’s responsibility to provide a copy of these Terms and Conditions to all relevant parties.

  • “Documentation” shall mean all information provided by the Customer, whether in written or electronic form.

  • “Ocean Transportation Intermediaries” (OTI) shall include an “ocean freight forwarder” and a “non-vessel operating common carrier.”

  • “Third parties” shall include, but not be limited to, carriers, truckers, forwarders, OTIs, customs brokers, agents, warehouse operators, and others entrusted with transportation, handling, storage, or delivery of goods.

Company as Agent

The Company acts as the “agent” of the Customer for purposes such as customs entry, release of goods, securing export licenses, and preparing export documentation. For all other services, the Company acts as an independent contractor.

Limitation of Actions

  1. Claims against the Company must be made in writing within 90 days of the event giving rise to the claim. Failure to provide timely notice bars any suit or action by the Customer.

  2. Time limits for legal action:

  • Ocean transportation claims: within 1 year of the date of loss.

  • Air transportation claims: within 2 years of the date of loss.

  • Customs-related claims: within 75 days of the entry’s liquidation date.

  • All other claims: within 2 years of the date of the loss or damage.

No Liability for Selection of Third Parties or Routes

The Company uses reasonable care when selecting third parties or determining transportation routes. However, the Company is not liable for any actions, inactions, delays, or losses caused by third parties. Claims related to third-party actions must be directed to those parties, though the Company will reasonably assist the Customer in pursuing such claims at the Customer’s expense.

Quotations Not Binding

Fee quotations provided by the Company are estimates and subject to change without notice. Binding agreements require written confirmation from the Company.

Customer Responsibilities

  1. Accuracy of Information: The Customer must review all documentation prepared or submitted on its behalf and notify the Company of any errors or omissions.

  2. Indemnification: The Customer agrees to indemnify and hold the Company harmless from any claims, damages, or penalties arising from incorrect or incomplete information provided by the Customer.

Declaring Higher Value to Third Parties

Third parties may limit their liability for loss or damage. The Customer may request higher declared value coverage, subject to written confirmation and additional fees.

Insurance

The Company does not procure insurance unless specifically requested in writing and confirmed by the Company. The Customer is responsible for all insurance costs.

Limitation of Liability

  1. The Company’s liability is limited to cases of direct negligence and is capped at:

    $50 per shipment or transaction for general services.

    $50 per customs entry or the brokerage fee paid, whichever is less.

  2. The Company is not liable for indirect, consequential, or punitive damages.


Payment Terms

  1. Advancing Money: All charges must be prepaid unless the Company agrees otherwise in writing.

  2. Costs of Collection: The Customer is responsible for collection costs, including attorney’s fees and interest of 15% per annum or the highest rate allowed by law.

General Lien and Right to Sell

The Company holds a lien on the Customer’s goods for unpaid amounts. After providing written notice, the Company may sell such goods if payment is not received within 30 days, with any surplus returned to the Customer.

Governing Law and Jurisdiction

This agreement is governed by the laws of the State of New York. The Customer consents to the exclusive jurisdiction of New York courts for all disputes.

Miscellaneous

  1. Recordkeeping: The Customer is responsible for maintaining all required records under applicable laws.

  2. No Modification Without Agreement: These Terms and Conditions may only be modified in writing, signed by both parties.

  3. Severability: If any provision is found invalid, the remainder of the agreement remains enforceable.

Compliance Statement

JR Global adheres to U.S. laws, including the Shipping Act, and strictly prohibits unlawful rebates or solicitations. Importers must provide required documentation to avoid penalties and ensure compliance with U.S. Customs regulations.