{"id":323,"date":"2026-06-24T14:00:01","date_gmt":"2026-06-24T06:00:01","guid":{"rendered":"https:\/\/www.transmarineus.com\/?page_id=323"},"modified":"2026-06-24T14:00:01","modified_gmt":"2026-06-24T06:00:01","slug":"standard_terms_and_conditions-2","status":"publish","type":"page","link":"https:\/\/www.transmarineus.com\/index.php\/standard_terms_and_conditions-2\/","title":{"rendered":"Standard Terms and Conditions"},"content":{"rendered":"
\n
\n
\n
\"\"<\/picture><\/div>
<\/div><\/div><\/div>
\n <\/svg>
venti-views-ASmaVyS4AZM-unsplash<\/div>

Standard Terms and Conditions<\/p>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div> <\/div>\n <\/div>\n <\/div>\n <\/div><\/ss3-loader><\/div><\/div>

<\/div><\/div><\/ss3-force-full-width><\/div>\n\n\n

<\/p>\n\n\n\n

1. Role of the Company<\/strong><\/p>\n\n\n\n

Transmarine Logistics Inc. (\u201cCompany\u201d) acts as a licensed Non-Vessel Operating Common Carrier (NVOCC), freight forwarder, and\/or transportation intermediary (broker), depending on the nature of the services provided in connection with each shipment. The Company is not a licensed U.S. customs broker and does not provide customs brokerage or entry-filing services; where customs clearance is required, the Company will refer or coordinate with a duly licensed customs broker engaged directly by, or on behalf of, the customer.<\/p>\n\n\n\n

Unless expressly agreed in writing, the Company does not act as a motor carrier. All inland transportation services are performed by independent third-party carriers engaged on the customer\u2019s behalf.<\/p>\n\n\n\n

When acting as an NVOCC, the Company\u2019s liability shall be governed by its applicable bill of lading and tariff. When acting as a broker or freight forwarder, the Company shall be deemed to act solely as an agent of the customer and shall not be deemed a carrier, bailee, or warehouseman, and shall not assume carrier, bailee, or warehouseman liability.<\/p>\n\n\n\n

To the extent the Company takes physical custody of cargo for consolidation, deconsolidation, storage, or any other purpose incidental to the services, such custody shall not, by itself, create a bailment, warehouseman, or carrier relationship. The Company\u2019s liability with respect to cargo in its custody shall remain subject to the limitations set forth in these Terms, regardless of the legal theory (whether in contract, tort, bailment, or otherwise) on which any claim is based.<\/p>\n\n\n\n

To the extent permitted by law, the Company\u2019s liability shall not exceed the limitations set forth in these Terms, regardless of the capacity in which it is acting.<\/p>\n\n\n\n

2. Application of Terms<\/strong><\/p>\n\n\n\n

All services provided by the Company are subject to these Standard Terms and Conditions of Service (\u201cTerms\u201d). These Terms shall prevail over any conflicting or additional terms appearing on any customer purchase order, booking instruction, or other document, unless expressly agreed to in writing signed by an authorized representative of the Company.<\/p>\n\n\n\n

Any customer agreement, booking, rate confirmation, or service request shall be deemed to incorporate these Terms by reference, whether or not these Terms are physically attached to such document.<\/p>\n\n\n\n

3. Limitation of Liability<\/strong><\/p>\n\n\n\n

In no event shall the Company\u2019s liability for any loss, damage, or claim arising out of or in connection with the services provided exceed:<\/p>\n\n\n\n

    \n
  • USD 100,000 per occurrence or per shipment; or<\/li>\n\n\n\n
  • USD 100,000 per container,<\/li>\n<\/ul>\n\n\n\n

    whichever is less.<\/p>\n\n\n\n

    For purposes of this clause, \u201coccurrence\u201d means any one event or series of events arising from the same cause, including without limitation incidents affecting multiple containers transported on the same vehicle, vessel, or under the same shipment. In all circumstances, the lower of the above limits shall apply.<\/p>\n\n\n\n

    4. Exclusion of Consequential Damages<\/strong><\/p>\n\n\n\n

    The Company shall not be liable for any indirect, incidental, consequential, or special damages of any kind, including without limitation:<\/p>\n\n\n\n

      \n
    • loss of profit;<\/li>\n\n\n\n
    • loss of market;<\/li>\n\n\n\n
    • loss of use;<\/li>\n\n\n\n
    • loss of business or business interruption; or<\/li>\n\n\n\n
    • loss or damage arising from delay in delivery, regardless of cause,<\/li>\n<\/ul>\n\n\n\n

      even if the Company has been advised of the possibility of such damages.<\/p>\n\n\n\n

      5. Third-Party Carriers and Subcontractors<\/strong><\/p>\n\n\n\n

      The Company is entitled, at its sole discretion, to select, engage, and subcontract with any third-party carrier, agent, terminal operator, warehouseman, or other service provider in connection with the services. All transportation and related services are subject to the terms and conditions, tariffs, and liability limitations of the underlying carrier or service provider.<\/p>\n\n\n\n

      The Company shall not be liable for the acts, omissions, negligence, or default of any such third party, except to the extent required by applicable law.<\/p>\n\n\n\n

      The Company acts solely as the customer\u2019s agent in selecting and engaging such third parties and is authorized to enter into agreements on the customer\u2019s behalf, and to accept on the customer\u2019s behalf the terms and conditions of such third parties, including with respect to accessorial charges, demurrage, detention, and storage.<\/p>\n\n\n\n

      6. Extension of Defenses and Limitations (Himalaya Clause)<\/strong><\/p>\n\n\n\n

      Every defense, immunity, exemption from liability, and limitation of liability available to the Company under these Terms, by statute, or otherwise, shall also be available to, and may be invoked directly by, the Company\u2019s parent, subsidiaries, and affiliated companies; the Company\u2019s directors, officers, employees, and agents; and any subcontracted or underlying carrier, terminal operator, warehouseman, or other person or entity engaged by the Company in connection with the services (each, a \u201cBeneficiary\u201d).<\/p>\n\n\n\n

      For purposes of this clause, the Company is deemed to be contracting as agent or trustee on behalf of, and for the benefit of, each Beneficiary, each of whom shall be entitled to enforce this clause directly against the customer as though named herein.<\/p>\n\n\n\n

      7. Cargo Insurance<\/strong><\/p>\n\n\n\n

      The Company does not provide cargo insurance unless specifically requested by the customer in writing and confirmed in writing by the Company. The customer is solely responsible for arranging its own cargo insurance, and the Company has no obligation to advise, remind, or recommend that the customer obtain such insurance.<\/p>\n\n\n\n

      Any insurance arranged by the Company on the customer\u2019s behalf is arranged solely as the customer\u2019s agent and shall be subject to the terms, conditions, exclusions, and limitations of the applicable insurance policy and insurer. The Company assumes no liability as an insurer.<\/p>\n\n\n\n

      8. Claims and Time Bar for Suit<\/strong><\/p>\n\n\n\n

      Any claim for loss, damage, delay, or shortage must be submitted to the Company in writing, together with reasonably sufficient supporting documentation, within thirty (30) calendar days after the date of delivery, or, in the case of non-delivery, within thirty (30) calendar days after the date the shipment should have been delivered. Failure to provide such timely written notice shall constitute an absolute bar to recovery and shall be deemed a waiver and release of the claim.<\/p>\n\n\n\n

      Any lawsuit or other legal proceeding arising out of or related to the services must be commenced within one (1) year from the date of delivery or scheduled delivery, whichever is earlier. Any suit not commenced within such period shall be time-barred, regardless of any otherwise applicable statute of limitations.<\/p>\n\n\n\n

      The customer shall afford the Company a reasonable opportunity to inspect any cargo alleged to be damaged before disposing of, repairing, or altering such cargo. Failure to do so may result in denial of the claim.<\/p>\n\n\n\n

      9. Dangerous, Hazardous, Restricted, and Perishable Cargo<\/strong><\/p>\n\n\n\n

      The customer shall accurately and completely disclose, in writing, the nature of any cargo that is dangerous, hazardous, flammable, radioactive, perishable, or otherwise subject to special handling, packaging, labeling, or regulatory requirements, prior to tendering such cargo to the Company.<\/p>\n\n\n\n

      If the customer fails to make such disclosure, or if such cargo is tendered without the Company\u2019s prior written consent, the Company may, without liability and without notice, refuse, unload, store, destroy, abandon, or otherwise dispose of such cargo, at the customer\u2019s sole risk and expense.<\/p>\n\n\n\n

      The customer shall be solely liable for, and shall indemnify the Company against, all loss, damage, delay, fines, penalties, clean-up costs, and other liability arising from or related to such cargo, regardless of whether the Company had actual knowledge of its nature.<\/p>\n\n\n\n

      10. Indemnification by Customer<\/strong><\/p>\n\n\n\n

      The customer shall defend, indemnify, and hold harmless the Company, and its directors, officers, employees, and agents, from and against any and all claims, demands, fines, penalties, losses, damages, costs, and expenses (including reasonable attorneys\u2019 fees) arising out of or related to:<\/p>\n\n\n\n

        \n
      • any inaccurate, incomplete, or misleading description, classification, weight, or valuation of cargo provided by the customer;<\/li>\n\n\n\n
      • any violation of applicable law, customs regulation, or export\/import control by the customer;<\/li>\n\n\n\n
      • any breach by the customer of these Terms; or<\/li>\n\n\n\n
      • any claim by a third party arising from the customer\u2019s cargo or the customer\u2019s acts or omissions.<\/li>\n<\/ul>\n\n\n\n

        11. Freight Charges, Payment Terms, and Lien<\/strong><\/p>\n\n\n\n

        All freight, charges, and fees invoiced by the Company are due and payable in full within the payment term stated on the applicable invoice, or, if none is stated, within fifteen (15) days of the invoice date.<\/p>\n\n\n\n

        The customer\u2019s obligation to pay all freight and charges is independent of, and shall not be reduced, withheld, or offset on account of, any claim, dispute, or counterclaim the customer may have against the Company. The customer shall have no right of set-off.<\/p>\n\n\n\n

        Amounts not paid when due shall accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law. The Company may suspend or terminate further services until all outstanding amounts are paid in full.<\/p>\n\n\n\n

        The customer shall be responsible for all demurrage, detention, per diem, storage, and other accessorial charges imposed by carriers, terminals, or other third parties, regardless of the cause of the delay giving rise to such charges, except to the extent solely caused by the Company\u2019s gross negligence.<\/p>\n\n\n\n

        The Company shall have a general and continuing lien on any and all cargo, documents, and property of the customer in the Company\u2019s actual or constructive possession, custody, or control, as security for any and all amounts owed by the customer to the Company, whether or not related to the specific shipment in the Company\u2019s possession. If any amount remains unpaid after written demand, the Company may sell or otherwise dispose of such cargo or property, in a commercially reasonable manner and to the extent permitted by law, and apply the proceeds toward the amounts owed, with any surplus returned to the customer.<\/p>\n\n\n\n

        12. Force Majeure<\/strong><\/p>\n\n\n\n

        The Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including without limitation:<\/p>\n\n\n\n

          \n
        • acts of God, fire, or flood;<\/li>\n\n\n\n
        • government action, regulation, or embargo;<\/li>\n\n\n\n
        • epidemic or pandemic;<\/li>\n\n\n\n
        • labor disputes or strikes;<\/li>\n\n\n\n
        • war, terrorism, or civil unrest;<\/li>\n\n\n\n
        • port or terminal congestion, or carrier equipment shortages;<\/li>\n\n\n\n
        • cyberattack or systems failure; and<\/li>\n\n\n\n
        • other transportation disruptions.<\/li>\n<\/ul>\n\n\n\n

          13. Compliance with Laws; Export Control and Sanctions<\/strong><\/p>\n\n\n\n

          The customer represents and warrants that all cargo tendered to the Company, and all related transactions, comply with all applicable laws and regulations, including without limitation U.S. export control laws, the regulations administered by the U.S. Department of the Treasury\u2019s Office of Foreign Assets Control (OFAC), and the laws of any country of origin, transit, or destination.<\/p>\n\n\n\n

          The Company may refuse, suspend, or terminate any service, without liability, where the Company reasonably believes that performance would violate applicable law, sanctions, or export control regulations, or would involve a restricted or sanctioned party, country, or cargo.<\/p>\n\n\n\n

          14. Governing Law, Jurisdiction, and Attorney\u2019s Fees<\/strong><\/p>\n\n\n\n

          These Terms shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict-of-laws principles, except to the extent superseded by applicable U.S. federal law or international convention governing ocean or inland carriage.<\/p>\n\n\n\n

          Any dispute arising out of or related to these Terms or the services shall be subject to the exclusive jurisdiction of the state or federal courts located in California, and each party consents to the personal jurisdiction of such courts and waives any objection based on inconvenient forum.<\/p>\n\n\n\n

          In any dispute arising out of or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys\u2019 fees and costs from the non-prevailing party, in addition to any other relief awarded.<\/p>\n\n\n\n

          15. Severability<\/strong><\/p>\n\n\n\n

          If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.<\/p>\n\n\n\n

          16. No Waiver<\/strong><\/p>\n\n\n\n

          No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise preclude any other or further exercise. No waiver shall be effective unless made in writing and signed by an authorized representative of the Company.<\/p>\n\n\n\n

          17. Amendment of Terms<\/strong><\/p>\n\n\n\n

          The Company may amend or update these Terms from time to time. The version of these Terms in effect at the time services are rendered, as published on the Company\u2019s website or otherwise made available to the customer, shall govern. The customer\u2019s continued use of the Company\u2019s services after notice of any amendment constitutes acceptance of the amended Terms.<\/p>\n\n\n\n

          18. Entire Agreement<\/strong><\/p>\n\n\n\n

          These Terms, together with any applicable bill of lading, tariff, or written service agreement, constitute the entire agreement between the parties with respect to the services provided and supersede all prior agreements, representations, or understandings, whether written or oral.<\/p>\n\n\n\n

          The customer may not assign its rights or obligations under these Terms without the Company\u2019s prior written consent. The Company may assign these Terms or subcontract its obligations without restriction.<\/p>\n\n\n\n

          19. Acknowledgment and Acceptance<\/strong><\/p>\n\n\n\n

          By tendering cargo to the Company, requesting, accepting, or using any service of the Company, signing a booking confirmation, or otherwise engaging the Company\u2019s services, the customer acknowledges that it has read, understood, and agrees to be bound by these Terms and Conditions.<\/p>\n","protected":false},"excerpt":{"rendered":"

          1. Role of the Company Transmarine Logistics Inc. (\u201cCom […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"disabled","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"_links":{"self":[{"href":"https:\/\/www.transmarineus.com\/index.php\/wp-json\/wp\/v2\/pages\/323"}],"collection":[{"href":"https:\/\/www.transmarineus.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.transmarineus.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.transmarineus.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.transmarineus.com\/index.php\/wp-json\/wp\/v2\/comments?post=323"}],"version-history":[{"count":1,"href":"https:\/\/www.transmarineus.com\/index.php\/wp-json\/wp\/v2\/pages\/323\/revisions"}],"predecessor-version":[{"id":324,"href":"https:\/\/www.transmarineus.com\/index.php\/wp-json\/wp\/v2\/pages\/323\/revisions\/324"}],"wp:attachment":[{"href":"https:\/\/www.transmarineus.com\/index.php\/wp-json\/wp\/v2\/media?parent=323"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}