PACKINSHARE SERVICES L.L.C

TERMS & CONDITIONS OF FREIGHT FORWARDING & LOGISTICS SERVICES

SECTION 1 — DEFINITIONS, LEGAL STATUS & CONTRACTUAL FRAMEWORK

1.1 Definitions

For the purpose of these Terms & Conditions, the following terms shall have the meanings assigned below:

“Company” means PackinShare Services L.L.C, including its directors, employees, agents, affiliates, subcontractors, and logistics partners.

“Customer” means any individual or legal entity requesting, booking, or using the Company’s services, whether directly or indirectly.

“Shipper” means the party tendering the goods for transportation.

“Consignee” means the party receiving or intended to receive the Shipment.

“Shipment” / “Consignment” means any parcel, cargo, document, or goods accepted by the Company for handling, transport, storage, or coordination.

“Carrier” means any third-party transport provider including airlines, shipping lines, trucking companies, courier networks, or subcontracted logistics operators.

“Services” means all freight forwarding, logistics coordination, customs support, warehousing, consolidation, labeling, and related services provided by the Company.

“Transport Document” means any airway bill, bill of lading, delivery note, or equivalent document issued in relation to a Shipment.

“Force Majeure” means any event beyond reasonable control including but not limited to natural disasters, war, strikes, government actions, embargoes, pandemics, system failures, or Carrier disruptions.

1.2 Nature of the Company (Freight Forwarder Status)

The Company operates strictly as a freight forwarder and logistics intermediary, unless expressly agreed otherwise in writing.

Accordingly:

The Company acts as an agent arranging transportation services on behalf of the Customer.

The Company does not operate as a Carrier, airline, shipping line, or transport operator unless explicitly stated.

All transport services are performed by independent third-party Carriers under their own contractual terms.

The Company’s role is limited to coordination, arrangement, and facilitation of logistics services.

1.3 Independent Contractor Relationship

Nothing in these Terms shall be interpreted as creating:

• A partnership
• A joint venture
• An employment relationship
• A fiduciary relationship

The Company and Customer are independent contracting parties, dealing at arm’s length.

1.4 Contract Formation & Acceptance

A binding contract is formed when any of the following occurs:

• Shipment booking is confirmed (written or electronic)
• Payment is made in whole or in part
• Goods are handed over to the Company or its agents
• A Transport Document is issued

By doing so, the Customer is deemed to have:

• Fully read and understood these Terms & Conditions
• Agreed to all limitations of liability and exclusions
• Accepted that these Terms override any verbal or informal agreement

1.5 Authority of Customer

The Customer represents and warrants that:

• They are the lawful owner of the Shipment OR authorized agent of the owner
• They have full authority to enter into this agreement
• All information provided is accurate, complete, and lawful

The Company is not obliged to independently verify ownership or authority beyond reasonable commercial diligence.

1.6 Priority of Documents (Hierarchy Clause)

In case of conflict, documents shall apply in the following order of priority:

• Issued Transport Document (AWB / BOL / Waybill)
• Carrier terms and conditions

Applicable international conventions (e.g., Warsaw/Montreal/CMR)

• These Terms & Conditions
• Any verbal or informal communication (non-binding)

1.7 Right to Modify Terms

The Company reserves the right to amend these Terms at any time without prior notice.

The version applicable shall be the one in force at the time the Shipment is accepted.

1.8 Severability

If any provision of these Terms is found invalid or unenforceable:

• The remaining provisions shall continue in full force
• The invalid provision shall be replaced with a valid clause closest in intent

SECTION 2 — CUSTOMER OBLIGATIONS, PROHIBITED GOODS & COMPLIANCE

2.1 General Customer Responsibilities

The Customer shall be fully and exclusively responsible for:

• Providing accurate, complete, and lawful descriptions of all goods
• Ensuring proper packaging suitable for international and domestic transport
• Supplying correct commercial invoices, HS codes, and shipping documentation
• Ensuring compliance with all export, import, and transit regulations
• Payment of all applicable duties, taxes, fines, penalties, and regulatory charges

The Company shall not be responsible for:

• Errors in documentation provided by the Customer
• Misdeclaration of goods value, type, or classification
• Non-compliance with destination country regulations

2.2 Compliance with Applicable Laws

The Customer warrants that all Shipments comply with:

• Laws and regulations of the country of origin
• Laws and regulations of the destination country
• Transit country regulations (if applicable)
• Customs regulations and import/export controls
• Aviation, maritime, and road transport safety rules
• Sanctions, embargoes, and international trade restrictions

Any breach of applicable law may result in:

• Shipment delay, seizure, or destruction
• Financial penalties imposed by authorities or Carriers
• Additional charges payable solely by the Customer

The Company shall bear no liability whatsoever for such consequences.

2.3 Prohibited and Restricted Goods

The Customer shall NOT tender for transport any goods that are prohibited or restricted by law, Carrier policy, or regulatory authority, including but not limited to:

• Illegal drugs, narcotics, and controlled substances
• Weapons, firearms, ammunition, explosives, or parts thereof
• Hazardous or flammable materials without prior approval
• Counterfeit, pirated, or infringing intellectual property goods
• Stolen, smuggled, or illegally obtained items
• Human remains, organs, or biological hazards
• Perishable goods without proper authorization and handling arrangements
• Any items prohibited by applicable international sanctions or trade restrictions

The Company reserves the absolute right to:

• Refuse acceptance of any Shipment
• Inspect or open any Shipment without prior notice
• Suspend or terminate services immediately if risk is suspected

2.4 Right of Inspection

The Company and its authorized partners may, at any time:

• Open, scan, or inspect Shipments
• Verify weight, dimensions, and contents
• Request additional documentation or proof of value

Such inspection does not constitute acceptance of liability or confirmation of contents.

No claim may arise from inspection, delay, or resulting disruption.

2.5 Misdeclaration & Fraudulent Information

If the Customer provides false, misleading, or incomplete information:

• The Company shall be fully indemnified against all resulting losses
• The Customer shall bear all penalties, fines, confiscations, and legal consequences
• The Company may report the incident to relevant authorities or regulatory bodies

Misdeclaration includes:

• Undervaluation or overvaluation of goods
• Incorrect description of contents
• Concealment of restricted items

2.6 Export & Import Licensing Responsibility

Where applicable, the Customer is solely responsible for obtaining:

• Export licenses
• Import permits
• Special approvals for restricted goods

The Company is under no obligation to verify or secure such licenses unless explicitly agreed in writing.

2.7 Sanctions & Regulatory Compliance

The Customer warrants that:

• They are not subject to any international sanctions or trade restrictions
• The Shipment does not involve sanctioned countries, entities, or individuals

The Company reserves the right to refuse any Shipment that may expose it to regulatory, legal, or reputational risk.

2.8 Packaging Responsibility

The Customer is responsible for ensuring that goods are:

• Properly packed to withstand normal handling conditions
• Protected against damage, leakage, or breakage
• Compliant with Carrier packaging requirements

The Company shall not be liable for damage caused by inadequate packaging.

SECTION 3 — PRICING, PAYMENT TERMS, BANKING POLICY & COMMERCIAL CONDITIONS

3.1 Pricing Basis

All pricing provided by the Company is based on:

• Shipment weight (actual or volumetric, whichever is higher)
• Destination and route
• Carrier tariffs and operational costs
• Fuel surcharges, handling fees, and regulatory charges

The Company reserves the right to re-rate any Shipment if:

• Final weight/dimensions differ from declared values
• Carrier re-invoices or adjusts pricing

Additional services are required (storage, customs, re-delivery, etc.)

3.2 Volumetric Weight Calculation

Where applicable, volumetric weight is calculated according to standard industry formula used by international Carriers:

The higher of actual weight or volumetric weight shall apply for billing purposes.

3.3 Payment Terms (Strict Enforcement Clause)

All payments must be made in full or as agreed in advance before shipment release, unless otherwise stated in writing by the Company.

The Company reserves the right to:

• Suspend processing of any Shipment until payment is received
• Withhold release, dispatch, or delivery of goods
• Charge storage fees for delayed payments

No Shipment shall be considered accepted for processing without financial confirmation.

3.4 Official Payment Channels (Anti-Fraud Protection Clause)

All payments must be made only to the official corporate bank accounts of PackinShare Services L.L.C.

The Company shall not recognize any payment made:

• To personal accounts of employees or agents
• Through unofficial intermediaries

Outside the Company’s verified banking channels

Any payment made outside official channels is entirely at the Customer’s risk, and the Company shall bear no liability for loss, fraud, or misdirection of funds.

3.5 Payment Confirmation & Clearance

Services will only commence after:

Funds are successfully received in the Company’s bank account

• Payment is fully cleared and verified

Any delay in bank clearance may result in shipment delays without liability to the Company.

3.6 Additional Charges & Adjustments

The Customer agrees that additional charges may apply, including but not limited to:

• Customs inspection fees
• Storage and demurrage charges
• Re-delivery or return shipment fees
• Address correction fees
• Carrier surcharges or emergency operational costs

All such charges shall be payable by the Customer upon demand.

3.7 Taxes, Duties & Government Fees

All import duties, VAT, customs taxes, penalties, and government-imposed charges are:

• The sole responsibility of the Customer or Consignee
• Payable either in advance or upon arrival as required by authorities

The Company shall not be responsible for estimating, controlling, or paying such charges unless explicitly agreed.

3.8 No Set-Off or Deduction Rights

The Customer shall not:

• Deduct or withhold payments due to claims, disputes, or alleged losses
• Offset charges against any alleged compensation or counterclaims

All disputes shall be resolved separately and do not affect payment obligations.

3.9 Currency & Exchange Risk

All payments must be made in the currency specified by the Company.

The Customer bears all risks associated with:

• Currency fluctuations
• Bank charges
• Cross-border transfer fees

3.10 Non-Payment Consequences

In the event of non-payment or delayed payment, the Company may:

• Suspend or cancel services
• Withhold or return Shipments at Customer expense
• Impose storage or administrative fees
• Initiate legal or debt recovery action where necessary

SECTION 4 — LIABILITY, LIMITATION OF LIABILITY, INSURANCE & RISK ALLOCATION

4.1 Role-Based Liability (Freight Forwarder Limitation)

The Customer expressly acknowledges that the Company acts solely as a freight forwarder and logistics intermediary, arranging transport services through independent third-party Carriers.

Accordingly:

• The Company does not assume Carrier liability for loss, damage, delay, or non-performance

The Company shall only be responsible for proven direct negligence in its own administrative handling of the Shipment

• All transport execution responsibility lies with the contracted Carrier

4.2 Exclusion of Indirect and Consequential Losses

Under no circumstances shall the Company be liable for any indirect, incidental, or consequential losses, including but not limited to:

• Loss of profit or revenue
• Business interruption
• Loss of market opportunity
• Reputational damage
• Loss of contracts or customers
• Emotional distress or non-material damages

This exclusion applies regardless of whether such losses were foreseeable or advised.

4.3 Maximum Liability Cap (Strict Limitation Clause)

Where liability is legally established against the Company, such liability shall in all cases be strictly limited to the lowest of:

The declared value of the Shipment (only if formally declared and accepted in writing), OR

The standard compensation limits applied under applicable international transport conventions (including but not limited to SDR-based limits), OR

• The freight charges paid for the specific Shipment

This limitation applies cumulatively and not separately.

4.4 No Liability for Carrier Actions

The Company shall not be liable for any act, omission, delay, or failure by any Carrier, including but not limited to:

• Flight or vessel delays or cancellations
• Cargo loss or misrouting
• Handling damage during transit
• Operational disruptions
• Carrier insolvency or service suspension

Any claims arising from Carrier operations must be pursued directly against the Carrier, subject to their own terms and conditions.

4.5 Delay Disclaimer (No Time Guarantee)

All delivery times provided by the Company are estimates only and are not guaranteed.

The Company shall not be liable for delays caused by:

• Customs inspection or clearance procedures
• Carrier scheduling changes
• Weather conditions or operational disruptions
• Port congestion or airport delays
• Security checks or government interventions

No compensation shall be payable for delayed delivery under any circumstances.

4.6 Insurance Coverage (Optional Service Only)

Insurance is not included by default in any Shipment unless explicitly purchased in writing.

Where insurance is arranged:

• It is provided by third-party insurers under their own terms and conditions
• The Company acts only as a facilitator or intermediary

All claims must be submitted directly to the insurer and are subject to their approval process

The Company shall not be responsible for denial, reduction, or delay of insurance claims.

4.7 Risk Transfer Point

Risk in the Shipment transfers from the Company to the Customer or Carrier at the earliest of:

• Handover of goods to the Carrier, OR
• Departure of goods from Company-controlled facility, OR
• Acceptance by the Customer or consignee

After risk transfer:

• The Company bears no responsibility for loss or damage
• The Customer assumes full risk of transport execution

4.8 Packaging & Handling Limitation

The Company shall not be liable for damage arising from:

• Insufficient or improper packaging
• Fragile goods not declared as such
• Improper labeling or handling instructions provided by Customer

The Customer assumes full responsibility for ensuring shipment readiness for transport.

4.9 Claims Dependency on Carrier Terms

Any claim for loss or damage is subject to:

• Carrier liability rules and limitations
• International transport conventions applicable to the route
• Proof of loss, documentation, and inspection reports

Where Carrier liability is limited or excluded, the Company shall not assume additional liability.

SECTION 5 — CUSTOMS CLEARANCE, STORAGE, ABANDONMENT, FORCE MAJEURE & NON-DELIVERY EVENTS

5.1 Customs Clearance Role & Limitation

The Company may, where applicable, assist or coordinate customs clearance procedures strictly as a logistics facilitator and not as importer or exporter of record, unless expressly agreed in writing.

Accordingly:

• The Company does not guarantee customs approval or release of any Shipment
• The Company has no control over customs decisions, inspections, or delays

Customs authorities retain full sovereign discretion over clearance, taxation, inspection, seizure, or rejection of goods

Any customs-related outcome is outside the Company’s control and shall not constitute breach of contract or service failure.

5.2 Customs Duties, Taxes & Government Charges

All customs duties, import/export taxes, VAT, penalties, storage fees imposed by authorities, and any governmental charges are the sole responsibility of the Customer or Consignee.

If such charges are:

• Unpaid
• Refused
• Delayed

The Company may, at its sole discretion:

• Suspend delivery
• Return the Shipment (if possible, at Customer cost)
• Store the Shipment until full payment is received
• Abandon or dispose of the Shipment where legally permitted

The Company shall have no obligation to advance or guarantee any government-related payments.

5.3 Storage, Warehousing & Demurrage

Where a Shipment is delayed, undeliverable, or held due to customs, Carrier, or Customer-related issues, the Company may:

• Store the Shipment at its facilities or third-party warehouses
• Apply storage, handling, and administrative fees on a daily or weekly basis
• Charge demurrage or detention fees as imposed by Carriers or authorities

All storage-related costs remain fully payable by the Customer.

5.4 Abandoned Shipment Policy

A Shipment shall be deemed abandoned if:

It remains unclaimed, undelivered, or unpaid for a period defined by Carrier policy or local regulations (typically 7–30 days depending on jurisdiction), OR

The Customer refuses or fails to pay required charges (including customs, storage, or delivery fees)

Upon classification as abandoned, the Company may, without liability:

• Sell the goods to recover outstanding costs
• Dispose of or destroy the goods in compliance with applicable law
• Apply proceeds against outstanding balances owed by the Customer

The Customer waives any rights to claim compensation for abandoned goods.

5.5 Failed Delivery Attempts

If delivery fails due to any of the following:

• Incorrect or incomplete address
• Unavailability or refusal of Consignee
• Failure to pay import duties or taxes
• Restricted access or delivery limitations at destination
• Customer request for delay or rerouting

The Company may:

• Attempt re-delivery (additional charges apply)
• Return Shipment to origin (if possible, at Customer expense)
• Store Shipment until further instructions are received

Multiple failed delivery attempts will incur additional costs payable by the Customer.

5.6 Force Majeure (Full Liability Suspension Clause)

The Company shall not be liable for any delay, loss, damage, or failure to perform arising from events beyond its reasonable control, including but not limited to:

• Natural disasters (floods, earthquakes, storms, fires)
• War, terrorism, civil unrest, or geopolitical instability
• Government actions, sanctions, embargoes, or regulatory changes
• Strikes, labor disputes, or Carrier operational disruptions
• Airline, port, or logistics network congestion
• Cyberattacks, system outages, or infrastructure failures
• Epidemics, pandemics, or public health emergencies

During Force Majeure:

• All performance obligations are suspended without penalty
• Delivery timelines are automatically extended
• No compensation, refund, or liability arises

5.7 Non-Delivery Beyond Company Control

The Company shall not be liable for non-delivery, return, seizure, or destruction of goods resulting from:

• Customs rejection or confiscation
• Incorrect, incomplete, or fraudulent documentation
• Shipment of prohibited or restricted goods
• Carrier refusal or operational failure
• Security, regulatory, or government intervention

Such events shall not be considered breach of contract by the Company.

5.8 Risk Allocation Confirmation

The Customer expressly acknowledges that:

• Logistics operations inherently involve external risks beyond Company control

The Company’s obligation is limited to arranging transportation services

• Operational outcomes depend on third-party Carriers and authorities

SECTION 6 — CLAIMS, LOSS, DAMAGE, COMPENSATION PROCEDURE & TIME LIMITS

6.1 General Claims Policy

All claims relating to loss, damage, shortage, or delay must comply strictly with the procedures and timelines set out in this Section.

The Company shall only consider claims that are:

• Submitted within the prescribed time limits
• Supported by complete documentation
• Verifiable through Carrier or Company records

Any claim submitted outside these requirements shall be automatically rejected.

6.2 Time Limits for Claims Notification

The Customer must notify the Company in writing within:

7 calendar days from delivery for visible damage or partial loss

14 calendar days from expected delivery date for non-delivery or total loss

• Immediately upon receipt for obvious discrepancies or missing items

Failure to notify within these timeframes shall constitute a full waiver of all claims rights.

6.3 Mandatory Documentation for Claims

All claims must include:

• Shipment tracking number or Transport Document reference
• Proof of value (commercial invoice or purchase proof)
• Detailed description of damage or loss
• Photographic or video evidence (where applicable)
• Packaging condition evidence upon delivery
• Any Carrier inspection report (if available)

Incomplete claims may be rejected without further review.

6.4 Condition Precedent: Carrier Determination

Where a Shipment is handled by a third-party Carrier:

• Any claim is subject to Carrier investigation and confirmation
• The Company shall not be liable until Carrier liability is established
• Carrier findings shall be considered primary evidence

If the Carrier denies liability, the Company shall not assume responsibility.

6.5 Limitation of Compensation

Where compensation is applicable, it shall be strictly limited to the lowest of:

• Proven actual loss value supported by documentation
• Declared shipment value (if declared and accepted in writing prior to shipping)
• Applicable Carrier liability limits under their governing terms
• International convention limits applicable to the transport mode

Under no circumstances shall compensation exceed these limits collectively.

6.6 Exclusions from Compensation

The Company shall not be liable for compensation in any case involving:

• Improper or insufficient packaging
• Fragile or sensitive goods not declared as such
• Delay in delivery (non-compensable under any condition)
• Customs seizure, detention, or destruction
• Prohibited or restricted goods
• Misdeclaration or false documentation
• Force majeure events

6.7 No Compensation for Delay

Delivery times are estimates only.

The Customer acknowledges that delays may occur due to operational, customs, or Carrier-related factors.

Accordingly:

• No refund or compensation shall be payable for delayed delivery
• Delay shall not constitute breach of contract

6.8 Inspection Rights & Evidence Authority

The Company reserves the right to:

• Request return of goods for inspection
• Inspect packaging and contents with Carrier participation
• Rely on Carrier tracking systems and reports as final evidence

Carrier documentation shall be considered valid and binding unless proven otherwise.

6.9 Fraudulent or Excessive Claims

If the Company determines that a claim is:

• Fraudulent
• Inflated
• Unsupported by evidence
• Based on misrepresentation

The Company reserves the right to:

• Reject the claim in full
• Suspend Customer accounts
• Report the matter to authorities or Carriers
• Pursue legal action for damages

6.10 Finality of Claims Decision

The Company’s decision on claims shall be:

• Based on Carrier findings, internal investigation, and available evidence
• Considered final and binding for operational purposes

Any further dispute shall be subject to the dispute resolution clause in Section 7.

SECTION 7 — LIABILITY CAP, INDEMNITY, DISPUTE RESOLUTION & GOVERNING LAW

7.1 Absolute Limitation of Liability (Core Protection Clause)

To the maximum extent permitted by applicable law, the total aggregate liability of the Company arising out of or in connection with any Shipment, whether in contract, tort (including negligence), or otherwise, shall be strictly limited.

In all cases, the Company’s total liability shall not exceed the lowest of:

The declared value of the Shipment (only if formally declared and accepted in writing prior to shipment), OR

• The freight charges paid for the specific Shipment, OR

The compensation limits imposed by applicable international transport conventions or Carrier terms

This limitation applies per Shipment and in aggregate, regardless of the number of claims.

7.2 Exclusion of Certain Types of Loss

Under no circumstances shall the Company be liable for:

• Loss of profit, revenue, or anticipated savings
• Business interruption or loss of business opportunity
• Loss of contracts, customers, or goodwill
• Indirect, incidental, punitive, or consequential damages
• Reputational harm or market loss
• Emotional distress or non-material damages

These exclusions apply even if the Company was advised of the possibility of such damages.

7.3 Indemnity by Customer (Strong Protection Clause)

The Customer agrees to fully indemnify, defend, and hold harmless the Company from and against any and all claims, losses, liabilities, damages, penalties, costs, and expenses arising from or related to:

• Misdeclaration of goods or documentation errors
• Shipment of prohibited or restricted items
• Violation of customs, import/export, or trade laws
• Breach of any applicable regulations or sanctions
• Claims brought by third parties, authorities, or Carriers

This indemnity applies without limitation and survives termination of service.

7.4 No Waiver of Rights

Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of its rights.

Any waiver must be explicitly made in writing and signed by an authorized representative of the Company.

7.5 Severability Clause

If any provision of these Terms is found to be invalid, illegal, or unenforceable:

• The remaining provisions shall remain fully valid and enforceable

The invalid provision shall be replaced with a lawful provision that most closely reflects the original intent

7.6 Dispute Resolution Mechanism

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or any Shipment:

The parties shall first attempt to resolve the matter amicably through written negotiation.

If unresolved within 30 days, the dispute shall be escalated to formal dispute resolution proceedings.

The Company may choose arbitration or competent courts depending on the nature of the dispute.

The Customer agrees that this staged process is a mandatory precondition to litigation.

7.7 Governing Law

This Agreement shall be governed by and construed in accordance with:

The laws of the jurisdiction in which PackinShare Services L.L.C is legally registered, AND/OR

Applicable international transport conventions where relevant (including but not limited to Warsaw/Montreal/CMR conventions depending on transport mode)

Where conflict arises, mandatory international transport conventions shall prevail over local law provisions relating to carrier liability.

7.8 Jurisdiction

Subject to arbitration or mandatory legal provisions, the courts of the Company’s registered jurisdiction shall have exclusive jurisdiction over any dispute.

The Customer irrevocably submits to such jurisdiction.

7.9 Entire Agreement Clause

These Terms constitute the entire agreement between the Company and the Customer and supersede:

• Any prior oral or written agreements
• Any representations not expressly included herein

SECTION 8 — OFFICIAL COMMUNICATION, FRAUD PREVENTION, NOTICES & FINAL PROVISIONS

8.1 Official Communication Channels (Mandatory Rule)

All official communication with the Company must be conducted exclusively through:

The official website of the Company: PackinShare Services L.L.C

Official email addresses listed on the Company’s website

Official phone numbers published on the Company’s website

Any communication, instruction, quotation, or agreement received through:

• Personal accounts
• Unverified social media accounts
• Third-party intermediaries
• Impersonated or unofficial channels

shall be considered invalid, non-binding, and not attributable to the Company.

8.2 Fraud, Impersonation & Payment Security

The Customer acknowledges the risk of fraud and impersonation in logistics operations.

Accordingly:

The Company is not liable for losses resulting from payments made to unauthorized persons or accounts

The Customer must verify all banking details directly via official Company channels before payment

The Company shall not be responsible for any fraudulent interception, spoofing, or impersonation attempts

The Customer assumes full responsibility for verifying authenticity before transferring any funds or goods.

8.3 Email & Written Communication Validity

Only written communication from verified Company domains shall be considered legally valid.

The Company shall not be bound by:

• Verbal agreements
• Informal messages
• Unverified email addresses
• Social media conversations

Unless confirmed in writing by an authorized Company representative.

8.4 Notices

Any legal notice or formal communication must be sent to the Company’s registered address or official email addresses listed on its website.

Notices shall be deemed received:

• Upon confirmed delivery if sent by registered mail, OR
• Upon successful transmission if sent via official email channels

8.5 Data Accuracy & Customer Responsibility

The Customer is solely responsible for:

• Accuracy of contact details
• Accuracy of shipment information
• Validity of recipient and sender data

The Company shall not be liable for any failure in service resulting from incorrect or incomplete data provided by the Customer.

8.6 Relationship with Third Parties

The Company may engage third-party Carriers, agents, subcontractors, or service providers.

The Customer agrees that:

• Such third parties operate under their own contractual terms

The Company is not liable for their independent acts or omissions beyond its legal forwarding role

8.7 Non-Solicitation (Operational Protection Clause)

The Customer agrees not to directly bypass or circumvent the Company by:

• Contracting directly with Carriers introduced by the Company
• Bypassing Company pricing structures for identical logistics routes

This clause is intended to protect commercial arrangements and network integrity.

8.8 Amendments to Terms

The Company reserves the right to update or amend these Terms at any time.

The most recent version shall apply to all Shipments accepted after publication.

8.9 Survival Clause

All provisions relating to:

• Liability limitation
• Indemnity
• Claims
• Governing law
• Payment obligations

shall survive termination or completion of any Shipment.

8.10 Final Acknowledgment

By using the Company’s services, the Customer confirms that:

• They have read and fully understood these Terms
• They accept all risks, limitations, and obligations contained herein
• They agree that these Terms form a legally binding contract

SECTION 9 — DECLARATION OF VALUE & LIMITATION OF DECLARED VALUE LIABILITY

9.1 Optional Declaration of Value

The Customer may declare the value of a Shipment at the time of booking. Any declared value must:

• Be supported by valid commercial invoices or proof of purchase
• Be accepted in writing by the Company
• Be declared prior to shipment acceptance

If no value is declared, the Shipment shall be treated as having minimal liability value under international transport conventions.

9.2 Effect of Declaration

Declared value does NOT:

• Create full insurance coverage
• Override Carrier liability limits
• Increase Company liability beyond contractual limits

It only serves as a reference for potential compensation evaluation.

9.3 Excess Value Shipments

The Company reserves the right to:

• Reject high-value shipments
• Require mandatory insurance
• Apply additional handling conditions

SECTION 10 — INSURANCE TERMS & EXCLUSIONS (CRITICAL GAP FIX)

10.1 Insurance is Optional

Insurance is not automatically included unless:

• Explicitly requested by the Customer
• Confirmed in writing by the Company
• Paid separately

10.2 Role of Company in Insurance

Where insurance is arranged:

• The Company acts only as an intermediary
• Insurance is provided by third-party insurers
• Claims are subject exclusively to insurer terms

10.3 Exclusions

Insurance does NOT cover:

• Improper packaging
• Prohibited goods
• Customs seizure or legal confiscation
• Delay-related losses
• Indirect or consequential damages

10.4 Claims Responsibility

All insurance claims:

• Must be filed directly with insurer OR through Company assistance
• Are subject to insurer investigation and approval
• Are outside Company liability

SECTION 11 — CHARGEBACK, PAYMENT DISPUTE & FRAUD PROTECTION (VERY IMPORTANT FOR BANK DEFENSE)

11.1 Chargeback Waiver

By using the Company’s services, the Customer agrees that:

• Services are considered fully delivered once shipment is accepted and processed
• Payment disputes must not be initiated via banks as a replacement for legal claims

11.2 Fraudulent Chargebacks

If a chargeback is initiated after service delivery:

• The Company may present shipment records, tracking, and Carrier proof
• The Customer remains liable for all costs, fees, and legal recovery expenses
• The Company may suspend all services immediately

11.3 Evidence Standard

The Company’s records (including:

tracking logs

• Carrier confirmations

system timestamps

shall be considered valid commercial evidence.

SECTION 12 — DELIVERY TERMS & SERVICE LEVEL DISCLAIMER (SLA PROTECTION)

12.1 Estimated Delivery Only

All delivery times:

• Are estimates only
• Are not guaranteed
• Depend on Carrier and customs performance

12.2 No SLA Liability

The Company does NOT guarantee:

• Delivery date
• Transit time
• Customs clearance time

No SLA breach claims are valid unless explicitly contracted in writing.

12.3 Partial Deliveries

The Company may deliver shipments:

• In parts
• Through multiple Carriers
• Via alternative routing

without liability.

SECTION 13 — INTELLECTUAL PROPERTY & BRAND PROTECTION

13.1 Company Brand Protection

All:

• Logos
• Brand name
• Website content
• Operational systems

remain exclusive property of the Company.

13.2 Misuse of Brand

Any unauthorized use of:

• Company name
• Branding
• Identity in logistics transactions

is strictly prohibited and may result in legal action.

SECTION 14 — RIGHT OF LIEN, WITHHOLDING & SECURITY OVER GOODS

14.1 General Lien

The Company shall have a general and continuing lien over all goods, Shipments, and related documents in its possession, whether currently or in the future, for any outstanding amounts owed by the Customer.

This includes, without limitation:

• Freight charges
• Storage fees
• Customs duties advanced or incurred
• Handling charges
• Any ancillary or recovery costs

14.2 Right to Withhold Release

The Company is entitled to:

• Withhold delivery of any Shipment
• Suspend release of goods
• Refuse handover to Customer or Consignee

until full payment of all outstanding amounts is received in cleared funds.

14.3 Sale or Disposal of Goods

If the Customer fails to settle outstanding balances within a reasonable period after notice, the Company may:

• Sell the goods by public auction or private sale
• Dispose of goods in accordance with applicable law
• Apply proceeds toward outstanding debts and related costs

Any surplus (if legally required) may be returned to the Customer after deduction of all dues.

14.4 No Liability for Lien Enforcement

The Company shall not be liable for any loss, damage, or depreciation resulting from:

• Exercise of lien rights
• Storage during withholding period
• Sale or disposal actions carried out in good faith

SECTION 15 — SUBCONTRACTING & THIRD-PARTY PERFORMANCE

15.1 Right to Subcontract

The Company may subcontract, delegate, or outsource any part of the Services, including but not limited to:

• Transportation
• Warehousing
• Customs handling
• Last-mile delivery

without prior notice to the Customer.

15.2 Independent Contractors

All third-party Carriers, agents, and subcontractors:

• Operate as independent contractors
• Are not employees or agents of the Company
• Are subject to their own terms and conditions

15.3 No Extended Liability

The Company shall not be liable for:

• Acts or omissions of subcontractors
• Operational failures of third parties
• Carrier delays or service failures

except where mandatory law explicitly imposes liability.

SECTION 16 — TRANSFER OF RISK & CUSTODY

16.1 Custody Phases

Risk and responsibility are divided into:

Pre-acceptance phase: Customer bears full responsibility

Company custody phase: Limited handling responsibility only

Carrier custody phase: Full risk transfers to Carrier

16.2 Risk Transfer Rule

Risk in the Shipment transfers at the earliest of:

• Handover to Carrier
• Departure from Company-controlled facility
• Acceptance by Customer or Consignee

16.3 No Responsibility After Transfer

Once risk transfers:

• The Company has no control over Shipment outcome
• The Company bears no liability for loss or damage

SECTION 17 — LIMITATION OF CLAIMS AGAINST PERSONNEL

17.1 No Personal Liability

The Customer agrees that:

No employee, director, agent, or representative of the Company shall be personally liable for any claim

17.2 Exclusive Claim Channel

All claims must be directed exclusively against:

PackinShare Services L.L.C

and not against individuals associated with the Company.

17.3 Protection of Officers

The Customer waives any right to initiate:

• Personal lawsuits
• Criminal complaints against individuals (except where mandatory law applies)

SECTION 18 — ELECTRONIC RECORDS & DIGITAL EVIDENCE

18.1 Binding Digital Records

The Customer agrees that:

Electronic records, emails, invoices, tracking logs, and system data constitute valid and binding evidence

18.2 System Data as Proof

Company systems including:

• Shipment tracking data
• Time stamps
• Digital confirmations
• Carrier updates

shall be deemed accurate and admissible evidence unless proven otherwise.

18.3 No Requirement for Physical Signature

Electronic acceptance, booking, or payment confirmation shall have the same legal effect as handwritten signatures.

SECTION 19 — TIME BAR FOR LEGAL ACTION

19.1 Limitation Period

Any legal action against the Company must be initiated within:

12 months from the date of Shipment delivery or scheduled delivery event

19.2 Waiver After Time Limit

After expiry of this period:

• All claims are permanently waived
• The Company is released from all liability

SECTION 20 — RIGHT TO CHANGE ROUTING & OPERATIONAL METHODS

20.1 Operational Flexibility

The Company reserves the right to:

• Change routing
• Substitute Carriers
• Modify transport mode (air/sea/road)
• Adjust logistics handling methods

without prior notice to the Customer.

20.2 No Liability for Routing Changes

Such changes shall not:

• Constitute breach of contract
• Give rise to compensation claims
• Affect payment obligations

SECTION 21 — NO AGENCY / NO REPRESENTATION

21.1 No Agency Relationship

Nothing in this Agreement creates:

• Agency relationship
• Legal representation authority
• Fiduciary duty

between the Company and the Customer.

21.2 Customs & Regulatory Position

The Company does not act as:

• Importer of record
• Exporter of record
• Customs broker (unless explicitly agreed in writing)

21.3 No Authority to Bind Company

No employee or representative may bind the Company unless:

• Explicit written authorization is provided