Shipper-Broker Terms & Conditions (Freight Terms)

Below are the standard shipping terms for shipping with Globitex Inc., an Ontario corporation with a registered office of 401-50 Burnhamthorpe Road, Mississauga Ontario L5B 3C2 and a non-vessel operating common carrier (NVOCC).  These terms (“Freight Terms”) govern Globitex’s Freight Service and are integrated with our Terms of Use and Privacy Policy; all terms used in this document have the same meaning as in the Terms of Use and Privacy Policy.  By placing an Order you agree to be bound by these Ship Terms as they apply to your mode of shipment.

     1.      Role of Globitex

In arranging for the transportation of your freight, Globitex may act for you either as agent or as principal.  Globitex will be considered a principal only when it issues a transport document such as a bill of lading or guarantees in writing the proper performance of a contract by a Third Party Carrier (as defined below).  As principal Globitex is liable only to the same extent as the Third Party Carrier.

     2.      Specific Modes of Transport

Below are modal-specific rules which may apply to your Order subject to the terms of a Third Party Carrier.

     A.    By Sea

Insofar as your Order covers carriage of goods by water, these Freight Terms shall have effect subject to the provisions of the “Hague Rules”, namely the International Conventions for the Unification of Certain Rules Relating to Bills of Lading, dated at Brussels, August 25, 1924, as amended (including, where enacted, the Protocol dated at Brussels, February 23, 1968, known as the Visby Rules), as enacted in the country of shipment. When no such enactment is in force in the country of shipment or is otherwise compulsorily applicable, the Hague Rules as enacted in the country of destination shall apply. When no such enactment is in force in the country of shipment or in the country of destination, or is otherwise compulsorily applicable, the terms of the Hague Rules as enacted by the Convention shall apply.

     B.     By Air

Insofar as your Order covers carriage of goods by air and involves a stop or destination in a country other than the country of departure, the Montreal Convention or the Warsaw Convention may apply to govern liability regarding loss, damage, or delay of cargo.  For domestic carriage of goods by air, Globitex’s liability shall not exceed 19 SDRs per kilogram unless a greater limit is provided in any applicable Convention or in any carrier’s tariffs or general conditions of carriage.

     C.     By Land

     i.                    In Canada

For transportation of goods by land domestically within Canada, Globitex may be acting as your principal or agent as determined in Section 1 above.  Globitex hereby covenants and agrees to place all money received from you for your Order and owed to a Third Party Carrier for fulfillment of your Order in a separate trust account, only to be used to pay a Third Party Carrier for its services fulfilling your Order in accordance with Section 191.0.1(3) of the Ontario Highway Traffic Act R.S.O. c. H-8.

     ii.                  In the European Union

All domestic carriage of goods by land will be subject to the most recent national road transport conditions of the country in which the goods are transported.  International carriage of goods by land will be subject to the Convention on the Contract for the International Carriage of Goods by Road.

     iii.                Elsewhere

All domestic carriage of goods by land will be subject to the most recent legislation and regulation in the country in which the goods are transported, having first regard to any modal-specific international conventions to which that country is a contracting state.

     3.      Subcontracting

Globitex is responsible for the selection of carriers to fulfill your Order who operate as independent contractors and not as representatives, agents, or employees of Globitex (“Third Party Carriers”).  Globitex will use reasonable care in the selection of carriers who are authorized to perform the carrier services, and will rely on carrier’s representations and warranties that they are legally authorized, properly licensed, and properly insured to fulfill the Order, and further will require proof of insurance from the Third  Party Carrier.

     4.      Insurance

Unless requested to do so in writing at the time an Order is placed, Globitex is under no obligation to procure insurance on your behalf, but Globitex may elect to do so at its own discretion.

     5.      Customer Responsibilities

     A.    Proper Description of Goods and Shipment; Hazardous Goods

You hereby represent and warrant that all information provided to Globitex regarding yourself and your shipment, including the description of goods to be shipped, their classification, dimensions, and value is correct to the best of your knowledge.  You further represent and warrant that the goods to be shipped are not hazardous, flammable, radioactive, or otherwise damaging unless you have notified Globitex otherwise and properly packaged and marked the hazardous goods.  Globitex reserves the right to refuse to transport or destroy goods received by it in violation of this Section.

     B.     Notification of High Value

It is your responsibility to determine the default carrier liability for the shipment of your Order, and Globitex strongly recommends that you purchase additional insurance in the event that the default liability is less than the value of the goods being shipped.

     C.     Notification of Claim

It is your responsibility to notify Globitex in the event that your goods are not received or were damaged during shipment as soon as you become aware of the damage or loss, and in no event less than two days from the expected date of delivery, unless such time period may not be limited by any applicable legislation.

     6.      Claims Against Others

All exceptions, exemptions defenses immunities, limitations on liability, privileges and conditions granted or provided under these Freight Terms or by applicable tariff or by statute for the benefit of Globitex shall also apply to and for the benefit of the officers and employees of Globitex, the Third Party Carriers performing services to fulfill the Order and the agents, officers and employees thereof.

     7.      Indemnification

You agree to indemnify and hold harmless Globitex, its employees, authorized representatives, and agents from all claims and/or liability, loss, damages, costs, penalties, duties, expenses, including without limitation attorney’s fees that Globitex may incur or be forced to pay as a result of providing Freight Services to you.

     8.      Limitation of Liability

NOTICE REGARDING LIMITATION OF LIABILITY: Depending on the mode of transportation utilized in performing an Order, the applicable legal framework referenced in Section 2 may limit Globitex’s and the Third Party Carrier’s liability to less than the total value of the goods being shipped. Globitex strongly recommends that you purchase insurance and properly declare the value of the goods being shipped prior to transport.

Globitex provides quotations and estimates for Orders and does not guarantee that the advertised routes and date of delivery will remain unchanged, or that the shipment offered is suitable for any particular purpose.  Under no circumstances shall Globitex or its employees, agents, suppliers or contractors be liable for any damages of any nature, including without limitation any consequential loss, damages for loss of income or profit, loss of goodwill, use, data or other intangible losses, claims of third parties, or any other loss, cost, claim or expense of any kind or character arising out of or in connection with the use of the Freight Services.

     9.      Force Majeure

The ICC Force Majeure Clause 2003 and the ICC Hardship Clause 2003 are incorporated by reference into these Freight Terms.

     10. Governing Law and Jurisdiction

Except where otherwise noted in Section 2, these Freight Terms shall be governed by the laws of Canada and of the province Ontario. By accepting the Freight Services provided under these Conditions, you irrevocably attorn to the exclusive jurisdiction of the Courts of that Province and the Federal Court of Canada.