TERMS AND CONDITIONS
A. Scope and Description of WorkThe Ordering Party hereby engages Ihope Global & Logistics Services LLC/LTD ("Ihope GLS") as a freight forwarder to coordinate transportation services with third-party carriers for the cargo specified in the agreement. Ihope GLS acts exclusively as a logistics facilitator and shall not be considered a carrier of the cargo.
B. Estimated Total Transportation Cost and Payment of Final InvoiceThe estimated cost for Ihope GLS’s services is $___ (as quoted), payable in full in US dollars. This estimate includes projected ground transportation of $___ (subject to final invoice) and estimated ocean transportation of $___ (subject to final invoice). Final costs may be adjusted based on actual cargo weight, dimensions, insurance selections, applicable shipping rates, and other external factors.
Once final costs are determined, Ihope GLS will issue an invoice, payable immediately upon receipt. Payment must be made no later than 40 days from the invoice date or the date of sailing, whichever comes first. Failure to make full payment within this timeframe will result in the cargo being classified as abandoned, granting Ihope GLS the right to take ownership and recover outstanding costs through resale or other legal means. Any remaining proceeds from such actions will be refunded to the Ordering Party after all fees have been settled.
C. Authority, Consent, and ReleaseThe Ordering Party affirms that it holds undisputed ownership of the cargo, with all necessary documentation for lawful shipment. Furthermore, the Ordering Party guarantees that the cargo complies with all applicable shipping regulations. Ihope GLS does not manage the transport of hazardous materials. If hazardous materials are included in the shipment, the Ordering Party must immediately notify Ihope GLS. The Ordering Party assumes full responsibility for regulatory compliance and indemnifies Ihope GLS against any liabilities arising from misdeclaration or regulatory violations.
D. Warranties DisclaimerIhope GLS warrants that it will use commercially reasonable efforts to facilitate cargo transportation. However, as a logistics service provider, Ihope GLS is not responsible for the physical transportation of cargo and does not act as a carrier. Any third-party carriers engaged are independent entities and not agents or subcontractors of Ihope GLS.
Ihope GLS does not guarantee specific pick-up or delivery dates, customs clearance times, or protection against loss or damage. The Ordering Party is strongly advised to procure comprehensive cargo insurance. Except as explicitly stated, Ihope GLS disclaims all warranties, including but not limited to fitness for a particular purpose, merchantability, and non-infringement.
E. Limitation of LiabilityUnder no circumstances shall Ihope GLS, its owners, employees, or agents be liable for any indirect, incidental, or consequential damages, including but not limited to lost profits, business disruptions, or shipment delays. The total liability of Ihope GLS for any claims under this agreement shall not exceed the total amount of service fees paid by the Ordering Party.
F. Ihope GLS’s Damages; Applicable Law and Exclusive JurisdictionIn the event of a breach by the Ordering Party, Ihope GLS reserves the right to recover all applicable damages, including but not limited to transportation costs, storage fees, legal fees, and court costs. This agreement shall be governed by the laws of the State of New Jersey, with exclusive jurisdiction for any disputes lying within its state or federal courts.
G. Relationship of the PartiesThe parties acknowledge that their relationship is that of independent contractors. This agreement does not create a partnership, joint venture, employment, or fiduciary relationship.
H. Non-Assignment; Successors; Force MajeureThe Ordering Party may not assign this agreement without prior written consent from Ihope GLS. This agreement is binding upon the parties and their successors. Ihope GLS shall not be liable for failure to perform obligations due to force majeure events, including but not limited to natural disasters, governmental actions, labor strikes, or unforeseen global disruptions.
I. Entire AgreementThis agreement represents the complete understanding between the parties, superseding all prior discussions or agreements. Any amendments must be made in writing and signed by both parties. By authorizing Ihope GLS to arrange cargo transportation, the Ordering Party acknowledges and agrees to be bound by the terms herein.