Standard Trading Conditions
The terms that apply to every quotation, booking, and shipment we handle.
Effective Date: [Insert Date] · Last Reviewed: [Insert Date]
These Standard Trading Conditions ("Terms") govern every quotation, booking, and shipment handled by Ember Ascend Logistics ("we," "us," "Ember Ascend") on behalf of a client ("you," "client"). By requesting a quote, booking a shipment, or otherwise engaging our services, you agree to these Terms unless a separate signed agreement between you and Ember Ascend Logistics expressly states otherwise.
1. Our Role
Ember Ascend Logistics acts as a freight forwarder, customs broker, and/or logistics agent on your behalf. Except where we expressly agree in writing to act as a carrier for a specific shipment, we do not own or operate the vessels, aircraft, or trucks that physically transport your cargo. We arrange and coordinate transportation, documentation, and customs clearance through third-party carriers, customs authorities, and other service providers, and our liability is limited accordingly, as set out in Section 6.
2. Quotations and Rates
Quotations are estimates based on the information you provide (commodity, weight, volume, origin, destination, and service level) and current market conditions at the time the quote is issued. Rates are subject to change based on fuel surcharges, currency fluctuation, peak season adjustments, and carrier rate changes, and a quotation is not a guaranteed rate until a shipment is booked and confirmed in writing.
3. Client Obligations
You are responsible for:
- Providing accurate and complete information about the cargo, including an accurate description, weight, value, and HS/NCM classification;
- Ensuring the cargo is lawful to import/export and properly packaged, marked, and labeled for international transport;
- Disclosing any hazardous, restricted, or perishable characteristics of the cargo before booking; and
- Holding any import/export licenses, registrations (including RADAR, where applicable), or product certifications (such as INMETRO or ANVISA) required for your specific shipment.
We are not responsible for delays, additional costs, seizure, or penalties resulting from inaccurate or incomplete information you provide, or from your failure to hold a required license, registration, or certification.
4. Documentation and Customs Filings
We prepare and file customs and shipping documentation based on the information and instructions you provide. We review this information for consistency and completeness, but we do not independently verify facts that are within your knowledge (such as the true value, composition, or intended use of the goods). You remain the importer/exporter of record responsible for the accuracy of your customs declarations.
5. Payment Terms
Invoices are due according to the payment terms specified on your quotation or invoice. We reserve the right to withhold release of cargo or documentation until payment is received in full, and to charge interest and reasonable collection costs on overdue balances, to the extent permitted by applicable law.
6. Limitation of Liability
Our liability for loss, damage, or delay to your cargo is limited to the fullest extent permitted by applicable law and the terms of the underlying carrier's bill of lading, air waybill, or tariff, including any applicable international convention (such as the Hague-Visby Rules for ocean carriage or the Montreal Convention for air carriage). Where we act solely as a forwarding agent and not as a carrier, our liability is limited to our own negligence in performing agency services, and does not extend to the acts or omissions of the ocean carriers, airlines, truckers, or customs authorities we engage on your behalf.
We are not liable for indirect, incidental, or consequential damages, including lost profits or lost business opportunities, arising from any shipment.
7. Cargo Insurance
Carrier liability limits are often modest relative to the value of the cargo. We strongly recommend clients carry their own cargo insurance for the full declared value of each shipment. Ember Ascend Logistics can help arrange cargo insurance on request; see our Cargo Insurance & Claims page for more detail. Absent a specific written insurance arrangement, cargo is not insured by Ember Ascend Logistics.
8. Claims Procedure and Time Limits
Any claim for loss or damage must be reported in writing as soon as reasonably possible, and in any event:
- Within 3 business days of delivery for visible loss or damage; and
- Within 30 days of delivery for concealed loss or damage not apparent at the time of delivery.
Claims not reported within these windows, or not filed within the time limits set by the applicable carrier's tariff or bill of lading, may be time-barred. We will assist in coordinating a claim with the responsible carrier or insurer but do not guarantee the outcome of any claim.
9. Force Majeure
Ember Ascend Logistics is not liable for delay or failure to perform caused by events beyond our reasonable control, including port congestion, customs delays, strikes, extreme weather, natural disasters, war, government action, or other circumstances that could not reasonably have been foreseen or avoided.
10. Governing Law and Jurisdiction
These Terms are governed by the laws of [Insert State/Country], without regard to conflict-of-law principles, unless a separate written agreement between the parties specifies otherwise. Any dispute arising from these Terms or a specific shipment will be resolved in the courts or arbitration forum specified in that written agreement, or, absent one, in [Insert Jurisdiction].
11. Amendments
We may update these Terms from time to time. The version in effect at the time a shipment is booked applies to that shipment. Material changes will be reflected with an updated effective date at the top of this page.
12. Severability and Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms, together with any signed service agreement and the applicable quotation, represent the entire agreement between you and Ember Ascend Logistics for the services described.
