Terms & Conditions

1. Definitions & Application

• “Company” refers to Peak Freight Logistics, its subsidiaries, operating divisions, related companies, agents, and independent subcontractors.
• “Customer” refers to the shipper, consignor, consignee, exporter, importer, owner of the goods, buyer, seller, insurer, or any agent acting on behalf of such party requesting services from the Company.
• “Goods” or “Cargo” refers to all property, cargo, merchandise, containers, pallets, or packages tendered by or on behalf of the Customer to the Company.
• “Third Parties” includes ocean carriers, non-vessel operating common carriers (NVOCCs), direct air carriers, motor carriers, rail operators, customs brokers, warehousemen, and port authorities engaged to store or transport the Cargo.
• Application: Every transaction, service, booking, or quote provided by Peak Freight Logistics is strictly governed by these Terms and Conditions. Any modification must be agreed upon in writing by an authorized officer of the Company.

2. Company Role & Status

• Independent Broker / Freight Forwarder: Customer acknowledges that Peak Freight Logistics acts as an independent freight forwarder, Ocean Transportation Intermediary (OTI), property broker, and logistics organizer. Unless explicitly agreed in writing, the Company is not a direct motor, ocean, or air carrier.
• Selection of Third Parties: The Company exercises reasonable care in selecting Third Parties to perform carriage, storage, handling, or customs clearance. The Company assumes no liability for the default, negligence, or omissions of such Third Parties.

3. Customer Warranties & Responsibilities

The Customer warrants and represents that:

1. Accuracy of Information: All descriptions, values, weights, dimensions, customs classifications, and export/import documentation provided to the Company are accurate, complete, and fully truthful.
2. Proper Packaging: Goods are securely packaged, stowed, labeled, and marked to withstand the ordinary risks of domestic and international transit, ocean carriage, air transport, and multi-modal handling.
3. Compliance with Laws: The shipment complies with all applicable U.S. Federal, international, and local laws, including export control regulations (EAR/ITAR), Office of Foreign Assets Control (OFAC) sanctions, customs regulations, and hazardous material laws.
4. Dangerous Cargo & Hazardous Goods: The Customer shall not tender any dangerous, hazardous, flammable, radioactive, or illegal cargo without prior written authorization from the Company and full compliance with international maritime (IMDG) and aviation (IATA) hazardous materials regulations.

4. Quotations, Pricing & Payment Terms

• Quotations Not Binding: Rates, estimates, duty quotes, and delivery schedules provided by the Company are for informational purposes only and subject to change without notice based on carrier surcharges, fuel fluctuations, exchange rates, and unexpected transit delays.
• Payment Terms: All invoices are due upon receipt or according to pre-approved credit arrangements granted in writing. Payment must be tendered without offset, deduction, or delay on account of any pending claim.
• Interest & Collection Costs: Past-due balances accumulate interest calculated at 1.5% per month (18% per annum) or the maximum legal rate allowed under U.S. law. The Customer agrees to reimburse all collection agency fees, legal costs, and attorney fees incurred in recovering unpaid invoices.

6. Cargo Insurance Options

• No Automatic Coverage: Cargo is not covered by primary all-risk cargo insurance unless explicitly requested by the Customer in writing and confirmed by the Company via an issued insurance certificate.
• Purchasing Coverage: Peak Freight Logistics can arrange third-party marine/cargo insurance on behalf of the Customer upon request to cover full commercial invoice value during global transit.

7. General Lien Rights

• Lien on Property: Peak Freight Logistics retains a general and continuing legal lien on all Cargo, goods, documentation, and proceeds in its possession or control for any and all unpaid accounts, freight charges, demurrage, storage costs, or advances owed by the Customer.
• Right to Sell: If any invoice remains unpaid for thirty (30) days after formal demand, the Company reserves the right to sell the property at public or private auction upon ten (10) days’ written notice to the Customer, applying the proceeds against the outstanding balance and collection costs.

8. Claims & Time Bars

• Notice of Damage: Claims for visible cargo loss or damage must be noted on the bill of lading or delivery receipt immediately upon receipt. Written notice of hidden loss or damage must be provided to the Company within seven (7) business days of delivery.
• Formal Claim Window: All formal written claims against the Company must be filed within:
  
  • Ocean Transit: Within nine (9) months of delivery or expected delivery date.
  • Air Transit: Within fourteen (14) days of delivery.
  • Ground Transit: Within nine (9) months of receipt.
• Time Bar for Legal Action: Any legal suit or arbitration proceeding against Peak Freight Logistics must be formally commenced within one (1) year from the date of cargo delivery or the date the cargo should have been delivered. Failure to initiate suit within this timeframe constitutes a complete waiver of the claim.

9. Governing Law & Jurisdiction

These Terms and Conditions, as well as any dispute arising from services provided by Peak Freight Logistics, shall be governed by and construed in accordance with the federal laws of the United States and the laws of the State where the Company maintains its principal headquarters, without regard to conflict of law principles. Any legal action or proceeding must be brought exclusively in the state or federal courts located within that jurisdiction.

10. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.