Shipping Terms

These terms apply to every shipment, packing job, storage arrangement and other service that Hand Crop INC., trading as Pack Up Cargo ("we", "us"), arranges or performs for you ("you", the customer). They form part of every written quote we send. If your written quote says something different from these terms, the quote wins for that shipment.

They're long because shipping is complicated. We've kept them as plain as we can.

1. Our role

1.1 We arrange shipments and related services as your agent and coordinator. We are not a carrier. We don't operate vessels, aircraft or trucks, and we don't issue bills of lading or air waybills as a carrier.

1.2 We are not a customs broker. Customs entries, ISF filings and customs bonds are prepared and filed by licensed customs broker partners under their own licenses and their own terms.

1.3 Ocean carriage is performed by licensed ocean carriers, booked through FMC-licensed forwarders. Air carriage is performed by airlines, booked through air freight forwarder partners. Trucking in the US is performed by carrier partners. Storage, receiving and fulfillment take place in partner warehouses. Cargo insurance, if you ask for it, is issued by third-party insurers.

1.4 Each of those parties works under its own terms and conditions, including its bills of lading, air waybills, warehouse receipts, tariffs and policies. Those terms apply to the part of the shipment they handle, and they may limit what can be recovered from them. We'll provide copies or tell you where to find them if you ask.

1.5 Packing, crating and palletizing are performed by our packers or by partner crating shops, as stated in your quote.

2. Quotes

2.1 Prices on our website are indicative. Only a written quote from us is a price, and only once you accept it.

2.2 A written quote is valid for 7 days for ocean and air freight and 30 days for crating and warehousing, unless the quote says otherwise. After that, we may need to re-quote.

2.3 Quotes are based on the information you give us: what the goods are, how many pieces, their weight, dimensions, value, packaging, addresses and dates. If any of that turns out to be different, the price can change. If the actual weight or volume is higher, we charge on the actual figures.

2.4 Transit times in a quote are estimates, not promises. We do not guarantee transit times, sailing or flight dates, delivery dates or customs clearance.

3. Charges that can be added

Some charges depend on events we can't know in advance. Unless your quote includes them, they're added at cost or at the rate charged by the party involved:

• demurrage and detention (containers kept past their free time at the terminal or outside it);
• storage at a terminal, CFS or warehouse past free time;
• chassis charges;
• CBP or other government examinations, including exam site, drayage and handling fees;
• duties, taxes, the Merchandise Processing Fee (MPF), the Harbor Maintenance Fee (HMF) and other government fees;
• liftgate, residential delivery, inside delivery and waiting time;
• re-labelling, re-packing or repalletizing goods that arrive non-compliant;
• carrier surcharges introduced or changed after the quote (for example fuel, peak season, congestion or security surcharges);
• special handling for heavy, oversized or fragile cargo;
• cancellation charges, dead freight (space booked and not used) and rebooking fees.

We'll tell you as soon as we know a charge like this is likely.

4. Your obligations

4.1 Accurate information. You must give us an accurate and complete description of the goods, including quantity, weight, dimensions, value, packaging, country of origin, HTS classification where known, and the Incoterm agreed with your supplier or buyer.

4.2 Documents. You must provide the documents needed for carriage and customs on time, including the commercial invoice, packing list and any permits, licenses or certificates the goods require.

4.3 Packing. Unless we pack the goods, you're responsible for packing them well enough for the journey, including handling in shared containers and warehouses. Goods we're asked to carry that are inadequately packed are at your risk.

4.4 Laws and sanctions. You must comply with all export, import, customs, sanctions and trade control laws that apply to the goods, the parties and the destination. You confirm that the goods, the parties and the end use aren't prohibited by sanctions or export controls.

4.5 Hazardous materials. You must tell us in writing, before booking, if any goods are or contain hazardous materials or dangerous goods, including lithium batteries packed with or inside products. See section 5.

4.6 ISF. For ocean shipments to the US, the ISF must be filed at least 24 hours before the goods are loaded onto the vessel at the foreign port. You must make sure we (and through us, the customs broker partner) receive complete and accurate ISF data in time. The importer is responsible for any CBP penalties or liquidated damages for late, inaccurate or missing ISF filings, which can be up to US$5,000 per violation.

4.7 Importer of record. Unless agreed otherwise in writing, you or your nominee are the importer of record and are responsible for the classification, value and origin declared to customs and for paying all duties, taxes and fees.

4.8 Indemnity. You agree to cover our losses, fines, costs and claims against us caused by inaccurate or incomplete information, missing documents, undeclared hazardous goods, or your breach of these obligations.

5. Prohibited and restricted goods

We won't arrange shipment, packing or storage of the following, and you must not tender them to us:

• anything illegal to export, import or possess at origin or destination, including counterfeit goods;
• goods, parties or destinations subject to sanctions or export controls where shipping isn't authorized;
• firearms, weapons, ammunition, explosives and fireworks;
• drugs and controlled substances, including cannabis and cannabis products;
• live animals, human remains and perishable goods;
• cash, negotiable instruments, bullion, precious metals and loose precious stones, and jewelry;
• hazardous materials and dangerous goods, including loose lithium batteries, unless we've agreed in writing beforehand;
• food, pharmaceuticals, plants, seeds and other regulated goods, unless the required permits and approvals are in place and we've agreed in writing;
• wood packaging that isn't ISPM-15 compliant, for international shipments;
• irreplaceable items, such as originals of documents or objects of unique sentimental value, unless agreed in writing.

If prohibited goods are tendered, we or any carrier or warehouse can refuse them, stop them in transit, or deal with them as the law requires, at your cost.

6. Carrier and warehouse liability limits

6.1 The liability of carriers and warehouses for loss or damage is limited by law, by international conventions and by their own terms. In most cases those limits are well below the value of the goods. For example:

• Ocean shipments to or from the US: under the US Carriage of Goods by Sea Act (COGSA), a carrier's liability is generally limited to US$500 per package or customary freight unit, unless a higher value is declared on the bill of lading and accepted by the carrier. Claims must generally be brought within one year of delivery.
• International air shipments: under the Montreal Convention, liability for cargo is generally limited to 26 Special Drawing Rights (SDR) per kilogram.
• US road shipments: under the Carmack Amendment (49 U.S.C. §14706), carriers' liability may be limited by their tariffs and bills of lading. Written claims must generally be filed within 9 months of delivery, and lawsuits within 2 years from the date the carrier denies the claim in writing.
• Warehouses: partner warehouse operators limit their liability in their own warehouse terms.

6.2 We don't assume the liability of any carrier, forwarder, customs broker or warehouse. We'll help you claim against the responsible party (see section 9), but the amount you can recover is limited by their terms and the law.

6.3 This is why we recommend cargo insurance for anything you can't afford to lose.

7. Cargo insurance

7.1 Cargo insurance is optional and isn't included unless your written quote says so. It's arranged with third-party insurers. We don't insure goods ourselves.

7.2 Indicative premiums start from 0.45% of the insured value, with a minimum of US$65 per shipment. Insured value is normally the cost of the goods plus freight, plus 10% (CIF + 10%).

7.3 Cover is subject to the insurer's underwriting and exclusions, and applies only on the terms of the policy. It's in force only once a certificate has been issued and the premium has been paid. Some goods, packaging methods and routes may be excluded or need special terms.

7.4 If you don't buy insurance through us, you're responsible for insuring your goods yourself, or for accepting the limited liability described in section 6.

8. Delays, holds and events outside our control

We're not liable for delay, loss or damage caused by events beyond our reasonable control, including weather, natural disasters, port congestion, strikes, war, terrorism, piracy, epidemics, government action, sanctions, customs holds and examinations, equipment shortages, carrier schedule changes, rolled bookings, or failures by carriers, terminals or other third parties. Costs arising from these events, such as storage, demurrage or rebooking, are payable by you.

9. Claims

9.1 On delivery. Inspect goods on delivery. Note any visible damage or shortage on the delivery receipt before signing it, as specifically as you can ("crate corner crushed", "2 cartons short"), and take photos.

9.2 Tell us quickly. Let us know in writing (email is fine) within 7 days of delivery for visible loss or damage, and within 30 days for concealed damage found after delivery. These are our own notice windows, so we can act in time. They don't replace the legal deadlines for claims against carriers and warehouses, some of which are short (see section 6).

9.3 Keep the evidence. Keep the goods, the packaging and the crate as delivered until the claim is settled, along with photos, the delivery receipt and the commercial invoice. Without them, claims are often refused.

9.4 What we do. We'll file or pass on the claim to the responsible carrier, warehouse or insurer, provide the documents we hold, and follow it up. The decision on the claim and the amount paid are theirs, subject to their terms and the law.

9.5 Freight charges. Charges for a shipment remain payable while a claim is pending. They can't be deducted from an invoice because of a claim.

10. Our own liability

10.1 We're responsible only for services we perform ourselves, such as packing and crating done by our packers, and for our own negligence in arranging services.

10.2 For those services, our liability for any one shipment or job is limited to the lesser of (a) the actual loss or damage, and (b) the charges we invoiced for the specific service that caused it.

10.3 We're not liable for indirect or consequential loss, including loss of profit, revenue, business, market or contracts, or for delay, except where the law doesn't allow this to be excluded.

10.4 Nothing in these terms limits liability that can't be limited by law.

11. Payment

11.1 We invoice by email after you accept a written quote. Payment is due before booking (prepayment) or within 7 days of the invoice date (net 7), as stated in your quote.

11.2 Charges passed through from third parties, such as duties, government fees, demurrage or exam fees, are due when invoiced, even if they're billed after delivery.

11.3 Late payments carry interest at 1% per month, or the highest rate allowed by law if that's lower, from the due date until paid.

11.4 We may hold, or ask carriers and warehouses to hold, goods in our possession or control until all charges owed for those goods are paid. If charges stay unpaid, we may exercise any lien available to us by law or under our partners' terms.

11.5 If you dispute an invoice, tell us in writing within 15 days of the invoice date, saying which charges and why. Undisputed amounts remain due on time.

12. Cancellations and changes

12.1 You can cancel or change a booking by telling us in writing. You'll pay for costs already incurred or committed at that point, including carrier cancellation charges, dead freight and rebooking fees.

12.2 Custom crates are built to fit. Once lumber has been cut for a custom crate, the crate is payable in full even if the shipment is cancelled.

12.3 Third-party fees already paid, such as ISF filings, bond premiums, insurance premiums and government fees, are non-refundable.

13. Packing and crating

13.1 Where your quote states it for an export shipment, we build crates from ISPM-15 heat-treated lumber, marked accordingly.

13.2 We pack for the journey described in your quote. If the goods, route or mode change, the packing may need to change too, and that may cost more.

13.3 We'll tell you before packing if we think an item can't be packed safely for the intended journey. If you ask us to go ahead anyway, it's at your risk.

14. Storage

14.1 Goods stored in partner warehouses are held on the warehouse operator's terms, which apply in addition to these terms.

14.2 If stored goods are left uncollected and storage charges unpaid for 60 days after we give you written notice, the goods may be treated as abandoned and sold or disposed of as permitted by law, and the proceeds applied to outstanding charges.

15. Sanctions

We can refuse or stop any shipment if we reasonably believe it may breach sanctions, export controls or other trade laws, without liability to you.

16. Notices

Notices to us must be sent to info@packupcargo.com, or by mail to our mailing address / registered office below. Notices to you will be sent to the email address you gave us.

17. Entire agreement

These terms, your accepted written quote, and the terms of the carriers, brokers, warehouses and insurers referred to in section 1.4 are the whole agreement between us for the shipment. Nothing said on the phone or in other documents changes them unless we agree in writing.

18. Law and courts

These terms are governed by the laws of the State of Delaware, USA, except where federal law or an international convention applies. Disputes will be decided by the state or federal courts located in Delaware.

19. Contact

Hand Crop INC. (Pack Up Cargo) Mailing address / registered office: 1007 N Orange St, 4th Floor #671, Wilmington, DE 19801, USA Email: info@packupcargo.com · Phone: +1 (364) 999-7583 (Mon–Fri, 9:00–18:00 ET)