Notice: Over the years, many suits against industry members have been won by reliance on these NCBFAA Terms & Conditions of Service. Use of these copyrighted NCBFAA Terms & Conditions of Service is limited to either NCBFAA Regular Members in good standing or those who have paid an annual license fee of $1,000 to the:
National Customs Brokers & Forwarders Association of America, Inc.,
(Updated December 27th, 2023)
1200 18th Street, NW, #901 Washington, DC 20036.
Any unlicensed use of these Terms and Conditions of Service by non-members will be subject to prosecution by the NCBFAA.
JORI Logistics LLC
U.S. Standard Terms and Conditions of Service
These terms and conditions of service constitute a legally binding contract between JORI Logistics LLC and the “Customer.” In the event JORI Logistics LLC renders services and issues a document containing terms and conditions governing such services, the terms and conditions set forth in such other document(s) shall govern those services to the extent inconsistent with the terms and conditions set forth herein.
These U.S. Standard Terms and Conditions of Service are subject to change by JORI Logistics LLC from time to time upon posting on JORI Logistics LLC’s website. The most current and controlling version of the U.S. Standard Terms and Conditions of Service are published at https://www.jorilogistics.com/terms/.
In tendering a shipment to JORI Logistics LLC or otherwise engaging the services of JORI Logistics LLC in any other fashion, the “Customer” agrees that these U.S. Standard Terms and Conditions of Service apply to that shipment or those services and supersede any alleged or asserted oral agreement, promise, representation, or understanding between the “Parties” for all shipments or services provided in the United States of America.
JORI Logistics is authorized to select and engage carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others, as required, to transport shipment, and/or handle and deliver the goods, all of whom shall be considered the agents of the Customer, and the goods may be entrusted to such agencies subject to all conditions as to limitations of liability for loss, damage, expense, or delay and to all rules, regulations, requirements, and conditions, whether printed, written, or stamped, appearing in bills of lading, receipts, or tariffs issued by such carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen, and others. Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, JORI Logistics shall use reasonable care in its selection of third parties, or in selecting the means and procedure to be followed in the handling, transportation, clearance, and delivery of the shipment; advice by JORI Logistics that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that JORI Logistics warrants or represents that such person or firm will render such services nor does JORI Logistics assume responsibility or liability for any action(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any damage, expense, delay, or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, JORI Logistics shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by JORI Logistics.
Quotations as to fees, rates of duty, freight charges, insurance premiums, or other charges given by JORI Logistics to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon JORI Logistics unless JORI Logistics, in writing, specifically agrees to undertake the handling or transportation of the shipment at a specific rate and payment arrangements are agreed to between JORI Logistics and the Customer. All quotations are subject to change or cancellation by JORI Logistics at any time if JORI Logistics discovers that the shipment violates any court order, contractual obligation, government agency regulation, or law.
To the extent that Customer is providing packaged, marked, and/or addressed cargo, Customer warrants that each package and/or shipment is properly marked and addressed, packaged properly and adequately to protect the contents in the normal course of transportation, and except as noted in writing to JORI Logistics, is in good order and condition. Customer shall hold JORI Logistics harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to properly package, mark and/or address cargo or to notify JORI Logistics of any preexisting damage or impairment of the property.
Inasmuch as truckers, carriers, warehousemen, and other third parties to whom goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said third party, JORI Logistics must receive specific written instructions from the Customer to pay such higher charge based on valuation and the third party must accept such higher declared value; otherwise, the valuation place by the Customer on the goods shall be considered solely for export or customs purposes and the goods will be delivered / tendered to the third party subject to the terms of the third party’s limitations of liability and/or these Terms and Conditions of Service.
JORI Logistics will make reasonable efforts to effect marine, theft, and other insurance upon the goods only after specific written instructions have been received by JORI Logistics in sufficient time prior to the shipment from the point of origin, and at the same time states specifically the kind and amount of insurance to be placed. JORI Logistics does not undertake or warrant that such insurance can or will be placed. Unless the Customer has its own open marine policy and instructs JORI Logistics to effect insurance under such policy, insurance is to be effected with one or more insurance companies or other underwriters to be selected by JORI Logistics. Any insurance placed shall be governed by the certificate or policy issued and will only be effective when accepted by such insurance companies or other underwriters. Should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and JORI Logistics shall not be under any responsibility of liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rates as that charged or paid to JORI Logistics by the Customer, or that the shipment was insured under a policy in the name of JORI Logistics. Insurance premiums and the charge of JORI Logistics for arranging the same shall be at the Customer’s expense. If for any reason the goods are held in warehouse, or elsewhere, the same will not be covered under any insurance, unless JORI Logistics receives written instructions from the Customer. Unless specifically agreed in writing, JORI Logistics assumes no responsibility to effect insurance on any shipment which it does not handle.
All charges must be paid by Customer in advance unless JORI Logistics agrees in writing to extend credit to Customer; the granting of credit to Customer in connection with a particular transaction shall not be considered a waiver of this provision by JORI Logistics. JORI Logistics shall be under no obligation to advance freight charges, customs duties, or taxes on any shipment, nor shall advance by JORI Logistics be construed as a waiver of this provision.
JORI Logistics shall use reasonable care regarding written instructions relating to “Cash/Collect on Delivery (C.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank, correspondent, carrier, agent, or consignee refuses to pay for the shipment or for any act, omission, default, suspension, insolvency or want of care, negligence, or fault of such bank, correspondent, carrier, agent, or consignee, nor for any delay in remittance lost in exchange, or loss during transmission, or while in the course of collection.
In any dispute involving monies owed to JORI Logistics, JORI Logistics shall be entitled to all costs of collection, including reasonable attorneys’ fees and interest at 15% per annum or the highest rate allowed by law, whichever is less unless a lower amount is agreed to by JORI Logistics. Customer is liable to JORI Logistics for any damages and costs incurred by JORI Logistics arising from checks or drafts given to JORI Logistics, JORI Logistics’ representatives or affiliates, for which either JORI Logistics or JORI Logistics’ representative or affiliate is unable to collect funds.
The compensation of JORI Logistics for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by JORI Logistics to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by JORI Logistics from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, JORI Logistics shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due to JORI Logistics, the Customer shall pay the expenses of collection and/or litigation, including reasonable attorneys’ fees.
Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC §1508 and 1509) it has the duty and is solely liable for maintaining all records required under the Customs and/or other laws and regulations of the United States; unless otherwise agreed to in writing, JORI Logistics shall only keep such records that it is required to maintain by statue(s) and/or regulation(s), but not as a “recordkeeper” or “recordkeeping agent” for Customer.
Unless requested by Customer in writing and agreed to by JORI Logistics in writing, JORI Logistics shall be under no obligation to undertake any pre- or post Customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.
JORI Logistics shall not be responsible for determining licensing authority or obtaining any license or other authority pertaining to the export from or import into the United States.
Where JORI Logistics prepares and/or issues a bill of lading or air waybill, JORI Logistics shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc., unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for same. JORI Logistics shall rely upon and use the cargo weight supplied by Customer.
Customer represents, warrants, and covenants, that it is and will remain in compliance with all applicable laws, including but not limited to any anti-corruption laws such as the U.S. Foreign Corrupt Practices Act, or any export compliance or international sanctions regulations such as the Export Administration Regulations, International Traffic in Arms Regulations, or economic sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control.
These Terms and Conditions of Service may only be modified, altered or amended by Customer in writing signed by both Customer and JORI Logistics. JORI Logistics may modify, alter, or amend these Terms and Conditions of Service at its sole discretion, but only the version in place at the time of a shipment shall control for that shipment.
Customer shall not use JORI Logistics’ name, logo, trademarks or trade names in publicity releases, promotional material, customer lists, advertising, marketing or business-generating efforts, whether written or oral, without obtaining JORI Logistics’ prior written consent, which consent shall be given at JORI Logistics’ sole discretion.
JORI Logistics shall not be liable for losses, damages, delays, wrongful or missed deliveries, or partial or full nonperformance, resulting from an occurrence beyond its control, including without limitation, war or terrorist activities; epidemic; riots, rebellion, civil commotion; acts of God; acts of lawful and/or government authorities (including but not limited to embargoes or denial or cancellation of any license or shipment); criminal acts; strikes, lockouts, or other labor disputes; incidents or deteriorations to means of transportation; defects, nature or inherent vice of the goods; or acts, breaches of contract or omissions by Customer, shipper, consignee, or anyone else who may have an interest in the shipment.
In the event any paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect. JORI Logistics’ decision to waive any provision herein, either by conduct or otherwise, fully or partially, shall not be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision herein. The headings in these U.S. Terms and Conditions of Service are for convenience only and shall not limit or otherwise affect the meaning hereof.
These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of Texas without giving consideration to principles of conflict of law. Customer and JORI Logistics:
any jurisdiction.
10-1323 44 Ave NE
Calgary, AB
T2E 6L5
(403) 571-3200
Unit 154, 588 Aero Dr NE
Calgary, AB
T2E 7Y4
15355 Vantage Pkwy W Ste 110
Houston, TX
77032
(832) 409-2459
1604, Mabuhay Tower, IT Park, Lahug, Cebu City 6000
Kashgarskaya str. 69/102, Suite #45
Almaty, Kazakhstan
050022
Cell Kazakhstan:
+7 777 222-68-77
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