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MOVARGO GLOBAL LOGISTICS ROAD U.S. BROKERAGE TERMS AND CONDITIONS

These Terms and Conditions govern brokerage services provided by Movargo Global Logistics to its customers for inland road transportation within the United States of America.


1. DEFINITIONS
For purposes of these Terms and Conditions:


Brokerage Services means arranging inland road transportation services within the United States of America, including selecting and retaining motor carriers and, where applicable, rail carriers, to transport Goods on behalf of the Customer.


Carrier means any motor carrier, rail carrier, drayage provider, or other third party retained to perform the transportation of Goods.


Customer means the entity requesting Services from Movargo Global Logistics or on whose behalf Movargo Global Logistics provides Services.


Dangerous Goods means goods that are or may become dangerous, flammable, radioactive, damaging, or otherwise hazardous, including goods likely to harbor or encourage pests.


Goods means any items, cargo, and or containers in respect of which Services are performed.


Instructions means the Customer’s requirements and information relating to the Goods and Services, including routing, delivery requirements, and any special handling instructions.


Owner means the owner, shipper, consignor, consignee, and any other person who is or may become interested in the Goods, including anyone acting on their behalf.


Prices means the remuneration for the Services rendered by Movargo Global Logistics as agreed between the Parties.


Services means Brokerage Services and all ancillary or incidental services related to arranging transportation.


Parties means Movargo Global Logistics and the Customer.


2. SCOPE AND APPLICATION
2.1 These Terms and Conditions apply to Services rendered in the United States of America only and govern all Brokerage Services performed by Movargo Global Logistics for the Customer unless otherwise agreed in writing.


2.2 Movargo Global Logistics acts solely as a transportation broker and not as a motor carrier or freight forwarder, unless Movargo Global Logistics expressly agrees in writing to act in another capacity.


2.3 If any bill of lading, delivery order, confirmation, rate sheet, or other transport document identifies Movargo Global Logistics as a carrier, such designation is for convenience only and shall not make Movargo Global Logistics liable as a carrier.


3. CUSTOMER OBLIGATIONS AND WARRANTIES
3.1 Authority. The Customer warrants that it is the Owner of the Goods or the authorized agent of the Owner and is authorized to accept these Terms and Conditions on its own behalf and, where applicable, on behalf of the Owner.


3.2 Instructions and information. The Customer shall provide lawful, sufficient, accurate, and executable Instructions and all information reasonably required to arrange transportation, including correct addresses, contact details, delivery requirements, and any special handling needs.


3.3 Description of Goods. The Customer warrants that the description and particulars of the Goods are complete and correct, including marks, quantity, dimensions, classification, and weight.


3.4 Packaging. The Customer warrants that the Goods are properly packed, packaged, classified, labeled, and sealed for transport.


3.5 Compliance with law. The Customer warrants it shall comply with all applicable laws, rules, and regulations relating to the Goods and the Services, including hazardous materials requirements.


3.6 Payment responsibility. The Customer is primarily responsible for payment of all Carrier charges, including freight and accessorial charges, assessed in connection with shipments arranged under these Terms and Conditions.


4. MOVARGO GLOBAL LOGISTICS RIGHTS AND OBLIGATIONS
4.1 Carrier selection. Movargo Global Logistics may select and retain Carriers to transport the Goods. Movargo Global Logistics will use reasonable care in selecting Carriers.


4.2 Deviation from Instructions. Movargo Global Logistics may depart from the Customer’s Instructions if reasonably necessary to protect the Goods, comply with law, avoid delay, or otherwise act in the Customer’s interest.


4.3 Government orders. Movargo Global Logistics may comply with any order or recommendation of a governmental authority. Movargo Global Logistics’s responsibility for the Goods ceases upon delivery, disposal, or other disposition consistent with such order.


4.4 Failure to take delivery. If the Customer or Owner fails to take delivery when tendered, Movargo Global Logistics or the Carrier may store the Goods at the sole risk and expense of the Customer.


4.5 Joint and several liability. Movargo Global Logistics may enforce against the Customer and the Owner, jointly and severally, any liability of the Customer and may recover from either or both any sums due.


4.6 Ethics and legal compliance. Movargo Global Logistics performs Services in accordance with applicable law and its internal compliance standards. Movargo Global Logistics is not liable for loss, damage, delay, or breach caused by compliance with law or governmental requirements.


5. SPECIAL INSTRUCTIONS, DANGEROUS GOODS, AND TIME ESTIMATES
5.1 Accuracy of information. The Customer guarantees the accuracy of the Goods description and shipment details provided, including marks, quantity, dimensions, classification, and weight.


5.2 Dangerous Goods. The Customer must notify Movargo Global Logistics in writing before tender if any shipment contains Dangerous Goods. Unless agreed in writing, Movargo Global Logistics does not provide Services for Dangerous Goods.


5.3 Breach consequences. If the Customer breaches clause 5.1 or 5.2, then at Movargo Global Logistics’s discretion:


a) the Customer is liable for all loss or damage caused by, to, or in connection with the Goods
b) the Customer shall defend, indemnify, and hold harmless Movargo Global Logistics against all penalties, claims, damages, costs, and expenses arising in connection with such breach
c) Movargo Global Logistics or the custodian of the Goods may dispose of the Goods without notice where reasonably necessary for safety or legal compliance


5.4 Time estimates. ETD and ETA are estimates only and are not guarantees.


6. THIRD PARTIES, BROKER STATUS, AND CLAIMS
6.1 Broker status. Movargo Global Logistics is an FMCSA licensed transportation broker arranging transportation performed by others.


6.2 No carrier liability. Movargo Global Logistics does not assume responsibility as a motor carrier or freight forwarder. Carriers may operate pursuant to their own limitations of liability.


6.3 Carmack waiver. To the fullest extent permitted under 49 U.S.C. § 14101(b)(1), and as applicable, the shipper waives rights and remedies it may have against Movargo Global Logistics under the Carmack Amendment and related provisions, to the extent such waiver is legally effective for broker arranged transportation.


6.4 Claims against Carriers. Cargo loss or damage claims must be asserted against the Carrier or entity responsible for transportation. The Customer is solely responsible for timely notices and filings required to preserve claims. Any assistance provided by Movargo Global Logistics in transmitting claim information is for convenience only and does not create liability or waive rights.


7. PAYMENT TERMS
7.1 Due date. Unless otherwise agreed in writing, invoices are due within fourteen (14) days from the invoice date, without set off or deduction.


7.2 Taxes and government charges. Prices exclude taxes, duties, and charges imposed by governmental authorities. These are the Customer’s responsibility.


7.3 Late payment interest. Movargo Global Logistics may charge interest on overdue amounts at nine percent (9%) per annum or the maximum rate allowed by law, whichever is less, unless mandatory law provides otherwise.


7.4 Outlays and additional costs. If Movargo Global Logistics makes outlays on behalf of the Customer, the Customer shall reimburse them on demand.

Additional charges may include waiting time, detention, demurrage, storage, handling, redirection during transit, and failed pickup or delivery attempts not attributable to Movargo Global Logistics.


7.5 Third party collection. If charges are to be collected from another person, the Customer remains primarily liable if that person does not pay.


8. INSURANCE
8.1 No obligation to insure. Unless agreed in writing, Movargo Global Logistics has no obligation to procure insurance covering the Goods or Services.


8.2 Cargo insurance recommended. The Customer is encouraged to obtain cargo insurance. Carrier limitations of liability may apply.


8.3 No verification duty. Movargo Global Logistics has no duty to verify Carrier insurance coverage.


9. INDEMNITIES
9.1 Customer indemnity. The Customer and Owner shall indemnify, hold harmless, and upon request defend Movargo Global Logistics and its personnel against claims by any third party arising out of negligence, gross negligence, or willful misconduct of the Customer, Owner, or their agents, including property damage, personal injury, or death, including reasonable attorney’s fees and costs.


9.2 Additional indemnity. The Customer and Owner shall defend, indemnify, and hold harmless Movargo Global Logistics against losses, damages, delays, costs, and expenses arising from:
a) the nature or inherent vice of the Goods
b) government duties, taxes, levies, fines, deposits, and outlays related to the Goods and or containers
c) Movargo Global Logistics acting in accordance with Instructions
d) breach of these Terms and Conditions by the Customer or Owner


10. LIMITATION OF LIABILITY
10.1 Standard of liability. Movargo Global Logistics is liable only for loss, damage, or delay that is the direct and proximate result of Movargo Global Logistics’s negligence or gross negligence in performing brokerage obligations.


10.2 Excluded causes. Movargo Global Logistics is not liable for loss, damage, or delay arising from:
a) acts or omissions of the Customer, Owner, or their agents
b) compliance with Instructions provided by the Customer or Owner
c) insufficient packing, labeling, or marking
d) handling, loading, stowage, or unloading performed by the Customer, Owner, or their agents
e) inherent vice of the Goods
f) labor disruptions, riots, civil commotion
g) fire, flood, storm, explosion, theft
h) causes Movargo Global Logistics could not avoid and could not prevent by reasonable diligence


10.3 Consequential damages. Neither party is liable for indirect or consequential damages, including loss of profits, revenue, goodwill, business, or savings.


11. INDEPENDENT CONTRACTOR
Movargo Global Logistics is an independent contractor. Movargo Global Logistics is not an agent of Carriers and does not control Carrier operations.

Movargo Global Logistics does not contract as a carrier for carriage, storage, or handling and acts solely to arrange such services so that direct contractual relationships are established between the Customer and the Carrier or other providers.


12. MISCELLANEOUS
12.1 Amendments. Movargo Global Logistics may amend these Terms and Conditions by publishing updates on its website. Services arranged after publication are subject to the updated terms.


12.2 Notices. Notices must be in writing and may be delivered by mail or email using the contact details exchanged between the parties. Mailed notices are deemed given on the third day after posting to the last known address.


12.3 Headings. Headings are for convenience only and do not affect interpretation.


12.4 Mandatory law. If mandatory law applies to any part of the Services, these Terms and Conditions are subject to that law. Any invalid provision is overridden only to the extent required.


13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 Governing law. These Terms and Conditions are governed by the laws of the State of New York, without regard to conflict of laws principles.


13.2 Jurisdiction. Unless required by mandatory law or otherwise agreed in writing, disputes shall be brought exclusively in State or Federal courts located in New York County, New York. The Customer consents to jurisdiction and venue.


13.3 Notice of claim. Claims against Movargo Global Logistics must be made in writing and received within one hundred eighty (180) days of the event giving rise to the claim and in all cases as soon as practicable. Timely notice is a condition precedent to any action. If unenforceable, the period is reduced to the shortest allowable by law.


13.4 Time for suit. Any suit against Movargo Global Logistics must be filed and served within one (1) year from the date of loss. If unenforceable, the period is reduced to the shortest allowable by law.


14. PARTIAL SHIPMENT QUOTES AND LTL ASSUMPTIONS
14.1 Quote validity. Rates are valid for fifteen (15) days unless stated otherwise. Extensions depend on Carrier acceptance.


14.2 Transit time. Transit times are estimates based on business days for standard LTL shipments and are not guaranteed. Liftgate, inside delivery, appointment scheduling, holidays, and indirect routing may extend transit.


14.3 Re rating and adjustments. Quotes are based on weight, freight class, dimensions, and special requirements provided. Price may change if actual shipment details differ.


14.4 Insurance exclusion. Quotes do not include LTL cargo insurance unless expressly included. If requested, it must be requested in writing and additional fees may apply.


14.5 Pickup failure and storage. If pickup fails or delivery cannot be completed for reasons not attributable to Movargo Global Logistics, storage, redelivery, detention, and related charges may apply.


14.6 Delivery type and accessorials. Rates may be limited to commercial deliveries. Residential deliveries, limited access, inside delivery, liftgate, and white glove services are excluded unless explicitly included in the quote.


14.7 Liability alignment. Movargo Global Logistics’s liability, if any, is limited as described in Section 10 and Movargo Global Logistics is not responsible for Carrier performance except to the extent caused by Movargo Global Logistics negligence or gross negligence in arranging Services.

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