General Terms & Conditions
- This Negotiated Rate Agreement (NRA) and all future NRA’a are subject to the below general terms & conditions as well as to the NRA rules and Bill of Lading terms as published on our website.
Any price offer received by Unicargo will be considered an NRA as Unicargo only provides negotiated rates.
- The effective coordination of the transport or storage or customs brokerage by Unicargo shall be deemed as consent of the customer to the NRA with all the Terms and Conditions thereof.
- The content of the NRA is subject to the terms & conditions set forth herein and to the NRA rules and Bill of Lading terms as published on our website at Unicargo Terms and Conditions.
- Unless otherwise specified, the NRA shall remain valid for 30 days as of the date of the issue thereof.
- The customer agrees and acknowledges that all NRA’s include only the transportation or warehousing of the goods and do not include any port or airport storage, truck waiting time, truck detention, pre pull, chassis or chassis flip, demurrage and detention, customs physical exam or security check, customs duties taxes and VAT, obtaining permits required for importation of the goods, bond fee (in USA), insurance of any kind, prepayment to any 3rd party such as customs or ports and the customer agrees that the NRA covers only the services specifically specified in writing in the NRA and no implied services are covered by the NRA.
- The effective shipping date will be the date shown on the bill of lading or AWB.
- The volume-weight ratio shall be 1:6 (1 m3 = 167 kg) for airfreight, 1:1 (1 m3 = 1000 kg) for ocean freight, 1:5 (1 m3 = 200 kg) for express and 1:3 (1 m3 = 333 kg) for land transport.
- For LCL, the price applies to shipments up to 2.5 m in length and up to 2 m in height.
- For air freight, the maximum height is 160 cm.
- For air freight, the price applies to a known shipper only.
- The currency rates shall be calculated based on the currency rate used by Unicargo according to the shipping date or invoice date.
- Payment terms: The client will pay for the services in cash payment terms upon receipt of an invoice and before implementation of the Services unless agreed otherwise with Unicargo in a separate agreement. 3rd party payments such as duties, VAT and other passthrough charges will be subject to a disbursement fee of at least 3%
- The client will not be entitled to delay and/or set off and/or reduce any payment whatsoever to Unicargo, for any reason. The shipment will be delivered to its final destination after and subject to arrangement of payment to Unicargo.
- The customer agrees that Unicargo has a general lien on all of the shipments and/or shipment documents that belong to the Client to guarantee all of the Client’s debts to Unicargo, including previous debts that are not related to the detained shipments and/or shipment documents.
- In case of a late payment by the customer or more than 7 days, A late payment charge for not complying with the agreed Payment terms as defined will be charged at 1% monthly interest.
- Attorney’s Fees: In any action arising out of services provided by Unicargo to the client, or if this matter is referred to collection for any outstanding balance due to Unicargo by the client, Unicargo shall be entitled to receive, recover, and collect from the client its reasonable attorney’s fees, collection fees and interest.
- In ocean freight, the price is subject to GRI/PSS/Congestion and other charges that may change from time to time, as charged by the shipping companies, with no prior notice.
- In case the trucking/drayage is not arranged by Unicargo, it is the customer’s sole responsibility to return the empty containers to the shipping company at destination.
- Storage/Detention, Demurrage & Per Diem charges shall be charged to the customer according to the tariff practiced by Unicargo. Deposit charges for these charges may be collected by Unicargo. For per Diem the customer will receive 4 free calendar days with no charge. thereafter each day will be charged as follows: days 5-8 @ $195/day, days 9-12 @ $225/day, 13 days and above @ $295/day (all amounts are per dry van container per day).
- Advance fee of 3% will apply for charges paid in advance by Unicargo to customs, and 10% for payments paid to exam sites, terminals, port authorities etc..
- It is the customer’s sole responsibility to validate that goods are packed properly by the supplier and that all wooden packing items are properly fumigated. In addition the customer is liable for the fulfillment of all of the legal import/export requirements that apply pursuant to any ruling with respect to the importing and/or exporting countries and/or the countries through which the shipment passes, as the case may be, including the attachment of labels on the shipment, and for producing all of the permits and/or licenses required regarding the client’s shipment. Unicargo is not responsible for packing the shipment and the matters of the importation’s legality.
- The customer herby agrees and acknowledges that the final charges may be different from the sum in the quotation due to duties, taxes, GRI, Congestion, Detention, Demurrage, and storage. The customer will not have the right to offset any payment due to Unicargo and, Unicargo shall be entitled to liens of any kind of shipments and/or assets for securing the payments due to the Unicargo, including payments for previous shipments.
- The limit of professional liability of Unicargo, including for cyber risk insurance, is limited to US$ 50,000. Moreover, the customer is responsible for having Marine (including air and rail) Insurance, road insurance and storage insurance for the goods and herby agrees to waive the right of subrogation towards or against Unicargo or to include Unicargo as an additional beneficiary in the cargo insurance policy. It is hereby agreed by the customer that in any case Unicargo is not liable for any indirect and consequential damages.
- Unicargo shall not be liable for the change of any customs HS code number by the customs authorities. The customer agrees that any future ruling by customs will be the responsibility of the customer and paid by him.
- ALL NRA’s by Unicargo are based on AS AGENT ONLY conditions. It is hereby agreed that Unicargo acts solely as a coordinating party, and therefore, Unicargo is not liable for any damages, direct or indirect, pursuant to an event that is not under Unicargo direct and actual and physical control, including any damage or shortage during carriage.
- The details of any flight /sailing are estimated only, in accordance with the information provided by the carriers and are subject to changes made without prior notice. Schedules, transport, dues, and prices are subject to changes with by the carriers, ports and terminals.
- Without derogating from the forgoing, Unicargo’s liability for its Services is subject to the provisions of International Conventions applicable to international carriage (Hague-Visby Rules on sea carriage, Montreal Rules on air carriage and CMR rules on land carriage). In case Unicargo or any one on its behalf issue a bill of lading, Unicargo’s liability shall be subject to the provisions of such bill of lading. In any case, Unicargo shall not be responsible for any indirect, circumstantial, or punitive damages or force major events, including wars, strikes, terror acts, epidemics, earthquakes, and the like. The Customer is obligated to report in writing to Unicargo about any suspected or actual damage or shortage within 7 days as of the date of discovery of such suspicion or findings, otherwise Customer agrees to wave any compensation, if at all. Customer waives any demands or claims against Unicargo with regards to the above stated.
- The Terms & Conditions shall remain in effect for all the NRA’s to be sent to Customer in the future and for all shipments coordinated by Unicargo for the customer.
- Governing Law for all customers except for customers which are a registered company or business in Israel: All questions with respect to the construction of this Contract and the rights and liabilities of the parties hereto, whether tort, contract or otherwise, shall be governed and decided under the substantive and procedural laws of the State of New York.
- Governing Law for all customers which are a registered company or business in Israel: All questions with respect to the construction of this Contract and the rights and liabilities of the parties hereto, whether tort, contract or otherwise, shall be governed and decided under the substantive and procedural laws of the State of Israel.
- Jurisdiction and Venue for all customers except for customers which are a registered company or business in Israel: In the event of litigation between the parties, the parties hereby consent to personal jurisdiction of the courts of New York or Nassau County or Queens County and agree that the exclusive jurisdiction for, and the only proper venue of, any action or suit between them shall be before the courts of New York County or Nassau County or Queens County in the state of New York.
- Jurisdiction and Venue for all customers which are a registered company or business in Israel: In the event of litigation between the parties, the parties hereby consent to personal jurisdiction of the courts of the State of Israel and agree that the exclusive jurisdiction for, and the only proper venue of, any action or suit between them shall be before the courts in the State of Israel.
