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GENERAL TERMS AND CONDITIONS
USING OUR SERVICES
 
In order to use services provided by Cargo Agents, Inc. (thereafter we, us, our etc) all users of these services (thereafter shipper, you, client, customer, he, she etc) must agree to the Terms and Conditions. You may not use the services if you do not accept the Terms and Conditions.
 
You can accept the Terms and Conditions by:
Clicking to accept or agree to the Terms and Conditions, where this option is made available to you in the user interface for any service; or
By actually using the services. In this case, you understand and agree that we will treat your use of the services as acceptance of the Terms and Conditions from that point onwards.
 
LICENSING
Cargo Agents, Inc. (thereafter we, us, our) is a licensed and bonded U.S. OTI – Ocean Transportation Intermediary. Copy of our OTI license with a proof of financial responsibilities (surety bond) may be furnished upon request.
 
ATTENTION ROGUE MOVERS (OR UNLICENSED OCEAN TRANSPORTATION INTERMEDIARY)
Federal law (the Shipping Act of 1984) requires Ocean Transportation Intermediaries to be licensed and bonded. Accepting cargo from unlicensed OTI constitutes a violation of the Shipping Act. Knowing and willful violations of the Shipping Act carry a possible civil penalty of up to $30,000 per occurrence.
 
Cargo Agents, Inc. as a licensed and bonded U.S. OTI held responsible for not providing service to unlicensed OTI’s (rogue movers). In order to do so, all shippers when booking a shipment with us, must confirm that they are not an unlicensed Ocean Transportation Intermediary and do not arrange international shipments for individual shippers unless operate under an OTI license.
 
Falsification of this statement is considered as an attempt to violate the Shipping Act. Information about the attempt along with obtained information about the unlicensed OTI will be forwarded to the U.S. Federal Maritime Commission in order to punish the company for its illegal activity.
 
GENERAL
All information published in our website including rates obtained in quotes is subject to changes without notices. All texts, references and links should be considered only as suggestions based on our working experience. We do not guarantee its accuracy in all circumstances. It cannon be considered such official procedures in all situations. We cannot guarantee that our website is free from typos either in the texts content or numbers in rates, charges etc. If a consumer (thereafter shipper, you, client, customer, he, she) faces with a misunderstanding or error, we will do our best to resolve the issue with less harm for both of us.
 
To eliminate any miss-understandings, shipper must not accept any verbal agreements. We cannot honor verbal price quotes or any perceived promises. Pricing, commitments and promises have to be in writing.
 
Detailed service conditions from a carrier used on your shipment can be found on backside of bill of lading issued to you. Consider the bill of lading an evidence of a contract of carriage between carrier and shipper.
 
COMMUNICATION
In our practice email is considered as a mandatory method of communication with our customers. It is customer’s responsibility to provide correct contact email on the shipment, both at the origin and destination. Failure receiving of our email for any reasons may result in the shipment delay and/or extra charges and/or other difficulties.
 
If our client does not receive our email as expected, then it is the client’s responsibility to contact us in order to find a reason of not-receiving the email.
 
Our staff is trained and responsible for providing quality freight forwarding service on particular shipments. We unable to educate our clients on all aspects related to the industry terms and procedures over the phone. We build wide library of shipping references and answers to FAQ in our website. We strongly recommend reading these references and FAQ. Before calling, customers have to obtain our price or booking reference number via the website in email. Without the reference number, i.e. not having information on your perspective or current shipment, we most likely will not be able to provide answers to your questions.
 
SHIPPING DOCUMENTS
It is shipper’s responsibility on description, legality of commodity and sufficiency of documentation submitted to an international shipment. We are not responsible for any information submitted by shippers in theirs documents. It is shipper’s responsibility to provide all necessary documents related to his shipment that will be required by origin and destination country officials.
 
All shipping documents must be completed by shipper and sent to us, no later than one day after shipment is delivered to the carrier. Failure to complete the documentation may result in delay, storage charges and/or other penalties.
 
With us, shippers will be able to schedule shipment online and receive email with complete shipping instructions. Exporter must follow the instructions. Failure following the instructions may result in the shipment cancellation, delay or unpredictable extra-charges. We will not be held responsible for any issues that may occur due to failure following to the shipping instructions.
 
PICKUPS AND LINE HAUL
Pickup rates depend on type of pickup site and commodity type. Line haul charge depends on commodity type as well. When shipper requests a quote/booking he/she must select proper type of pickup site and commodity type. Selection of incorrect type of pickup site and commodity type may result to price change.
 
Residential or business with limited access pickup is curbside-service. The driver will load freight from driveway, front porch, garage or acceptable loading area. No inside service is permitted due to liability. Some additional charges may apply if your pickup conditions or area are out of normal range. The charges will be calculated and forwarded to you in the final or a separate invoice. The following charges may occur but are not limited to: attempted pickup, debris removal, inside pickup, waiting time etc.
 
DETENTION (WAITING TIME) CHARGES – When using line-haul service, occasionally detention or waiting time charges may occur. Detention / waiting time charge means that when an LTL carrier's truck delivers cargo to an origin ocean carrier's terminal (CFS), and the CFS is overloaded, then it stays in line for an uncertain time. It may take up to 3 (three) hours.
 
LTL carrier’s tariffs require paying detention charges by shipper. Typically $90 per hour. If detention charges will occur, then we will forward these charges to shipper to be paid along with a clear copy of LTL carrier’s invoice.
 
DIMENSIONAL WEIGHT
Pickup and/or line-haul charges are based either on Actual or Dimensional weight of your cargo, whichever is greater.
 
FREIGHT CLASS (in respect of U.S. domestic ground transportation)
Freight Class is the category of your freight defined by the U.S. National Motor Freight Traffic Association. (NMFTA). It is also referred to as NMFC: National Motor Freight Classification. Higher freight classes are subjects to higher costs on the ground cargo transportation.
 
When shipping NMFC rated shipments, shippers must be sure that freight class provided is accurate. Sipper may also call the NMFTA direct at (703) 838-1810 in order to reconfirm freight class on his/her shipment by commodity.
Shipper is held responsible on freight class declaration. Our pickup/line haul price quotes are based on the freight class declared by shipper. Declaration of incorrect freight class may result to price schedule change.
 
BILL OF LADING
Bill of Lading is the final document received from us. Consider the Bill of Lading a title on your shipment. B/L transfers ownership on your shipped goods to the consignee. Find more about B/L in this link.
 
By default all shipments with us go on express releases. Express = telex release = means that you do not have to provide originals Bill of Ladings in order to claim your goods at the destination. Shipment on express release should be released at the destination upon providing a copy of the B/L received from us in e-mail. No originals required.
Several countries around the world, particularly Argentina, Brazil, Ecuador, Certain countries in Africa, do not accept express releases. Carrier should specify it upon issue of B/L. Then we will mail you a set of originals Bill of Ladings by USPS First Class Mail within USA/Canada for free. Expedited or international mail must be prepaid. If shipper/receptionist requires a set of originals B/L for shipments to countries that do accept express release, then $50 fee will be added on top of cost of the mail.
 
Amendment in Bill of Lading after it had been issued may not always be possible. We strongly recommend you to pay extreme attention to information that you entering when booking your shipment. As soon as a Bill of Lading is issued, any amendments to it are subject to an amendment fee. This fee varies from $70 to $200 or more.
Notice: If a shipment had paid by credit card(s) then before issuing a bill of lading we may ask for a confirmation that payer clearly understands that the bill of lading is our final document on this shipment. It is the title on shipped goods and proof on transfer of the ownership on the shipped goods to the consignee in the bill of lading (recipient of shipped goods).
 
This will confirm that after receiving the bill of lading our service provided is completed as agreed. All parties that may concern of payment(s) on the shipment done by credit card(s) will consider this email the receipt on this payment(s) with payer’s signature in it.
 
DISCREPANCY IN INVOICES ON FREIGHT FROM OCEAN CARRIER
As a U.S. OTI – Ocean Transportation Intermediary, U.S. Freight Forwarder, we work on a flat service fee added to rates from direct and indirect ocean carriers that we work and have accounts, contracts and/or agreements with. Our database that contains these freight rates/tariffs constantly updates. However due to vast amount of data, G.R.I, changes in BAF, CAF etc, actual freight rates/tariffs from carriers may slightly differ from rates published online. Despite of this fact, in our practice, we do our best to honor our offers to clients. Event if an updated ocean freight rate/tariff from a carrier exceeds a rate in our offers, our invoice should reflect a rate initially offered. However, if a discrepancy is significant, we may inform our client about that in our final or amended invoice and ask for consideration on resolving this issue. Exemption: increasing rates due to incorrect information on shipment submitted by client. Refer to RISKY SHIPMENTS below.
 
TRANSIT TIME
ETT - Estimated Transit Time in quotes is not precise and should be verified upon a booking request. Transit time in booking confirmations on shipment by sea cannot be guaranteed as well. Although ocean freight cannot guarantee transit time, normally shipments depart and arrive as scheduled.
 
WOODING PACKING, PALLETIZING, W/M AND INSURANCE
Shippers must be aware of conditions on wooding packing, palletizing, w/m and insurance and charges related to these issues. References on these topics can be found in our website. If it is not enough, then you should learn more about these topics from other sources.
 
DEALING WITH CARRIER’S DESTINATION AGENT
In respect of dealing with U.S. freight forwarder shipper should be prepared for dealing directly with a carrier’s agent, who will handle cargo on his/her, behalf as soon as cargo is out of the U.S. Commerce zone. Information for the agents is available: for Export in carrier’s bill of lading - a final document that acts as title to the shipped goods; for Import - in shipping instructions before shipment is tendered.
 
DESTINATION AND ORIGIN CHARGES
All international shipments are subject to destination charges. These charges vary according to destination country, port of entry and carrier and do not include in ocean freight rate. It can be assessed on/after the day of entry of your goods to the Commerce Zone of your destination country. The consignee must clear their shipment through customs at the designated port of entry and pay all costs related to the cargo release(s) directly to parties involved in the cargo recovery. A part or all destination charges may be required to be paid at a port of entree, but not at the final destination. Then your cargo will continue travel to the final destination cleared with customs.
For export shipped from the USA, carrier’s destination agent should guide you in the recovery of your cargo. For import to the USA, upon your written request, we may handle the recovery. Otherwise importers can clear theirs goods on theirs own or/and use service of any U.S. Customs Broker of theirs choice.
 
Regardless of who implements custom clearance and obtains freight release(s) on exporter’s behalf, it is exporter’s responsibility to meet the obligations and laws of cargo entry, obtain freight release(s) and pay all charges and fees associated with that.
Exports from countries other than the United States are subject to various export charges and fees depending on the country of export, port (ship-terminal) and carrier. Estimation of origin charges can be included in ocean freight rate offered. However the actual charges may vary depending on w/m of your freight and conditions on your shipment.
 
We can provide samples of calculation of origin and destination charges. It can be used as a guide for the understanding and rough estimations. Actual origin and destination charges depend on commodity, shipping conditions and other circumstances on your shipment.
 
PAYMENT TERM AND RETURN POLICY
Payment is due at the time of the invoice or at or before the date the shipment is shipped. Terms are Net and for certain shipment a deposit must be made against the final charges or the entire quote amount can be paid in advance. Typically payment term is 5 (five) calendar days from the time of issuing our invoice in email. However, if agreed in writing in advance, payments terms may vary depend on type of service and shipper’s credit with us. There are not refunds or discounts as all charges for any shipping service is final and once the shipment has been booked the charges are due and payment on demand.
 
Invoices and notices via email are considered as a mandatory method of communication with our customers. All invoices issued via email. If for any reasons you do not receive our email-invoice as expected, then it is yours responsibility to contact us in order to find a reason of not-receiving the email.
 
PAYMENTS BY CREDIT
If not agreed in advance in writing in email payments by credit card are limited to US$1.000.00 on total per entire shipment. Payments (full or partial) that exceed US$1,000.00 on total must not be done by credit card, but by bank check, money order, US Postal Money Order, Western Union, direct bank payment or wire transfer.
 
Payments by credit card must pass CVV and full AVS verification and we have to have a copy of the paying parties ID such as a passport and or Drivers License and a copy of the actual credit card being used. Such copies must be fully readable and clear copies.
 
The will be a 4% Merchant Processing Fee added on to any payment made by credit card to compensate Cargo Agents, Inc. for the cost paid to the credit card merchant processor. All amounts charged to a Credit Card will be in United States funds US$ only regardless of the currency the shipment or part or all of the quote was in.
 
Notice: If a shipment is paid by credit card(s) then before issuing a bill of lading we may ask for a confirmation that payer clearly understands that the bill of lading is our final document on this shipment. It is the title on shipped goods and proof on transfer of the ownership on the shipped goods to the consignee in the bill of lading (recipient of shipped goods).
 
This will confirm that after receiving the bill of lading our service provided is completed as agreed. All parties that may concern of payment(s) on the shipment done by credit card(s) will consider this email the receipt on this payment(s) with payer’s signature in it.
 
PROCESSING SHIPMENTS UPON A COPY OF CHECK OR MONEY ORDER
In order to accelerate a shipment we may proceed with a shipment upon receipt a scanned or faxed copy of check or money order. Shipper may fax or email the copy to us. We will confirm receipt of the copy in email. This copy can be considered to be payer's authorization for electronic funds transfer. In event of delay of receiving the original check or money order in mail, typically later than in 5 (five) calendar days after receiving the copy, we reserve rights to process the funds transfer based on the amount and payer’s bank info in copy of the check or money order.
 
FAILURE TO PAY AN INVOICE
If a new customer does not pay a security deposit then we will not process his/her shipment. Clients with settled accounts as agreed in the accounts.
 
If freight is tendered to the shipment, but our final invoice is not paid on the due date, then late payment fee will apply. Late payment fee is 5% per day on the total due in invoice / $200 minimum, whichever is greater.
 
If not paid in 10 (ten) calendar days after the due date, and then besides the late fee, we may cancel the Express Release on the shipment. As the result of express release cancellation consignee will not be able to recover his/her goods at the destination unless received a set of originals Bill of Ladings from us. Expedited mail with this set of originals will cost US$200 on top of other charges related to issuing the originals B/L. We will not take any responsibilities on any storage, demurrage and other charges connected to delays with the release. We will not take any responsibilities on any charges connected to any delay of the freight at any point on its way to the place of release. Insurance will be canceled as unpaid on the time of express release cancellation as well.
If not paid within 10 (ten) days from the day of arrival to the destination, then shipment will be considered abandoned without any additional notice from us to the client, i.e. requested to be destroyed or re-consigned and re-possessed and sold on the action in order to cover expenses related to the freight, storage, demurrage etc charges. U.S. and destination security officials will be notified and additional fines levied.
 
RISKY SHIPMENTS
In certain circumstances we keep the right to reconsider any regular shipment to a Risky Shipment at any time. Risky shipment can be considered for the following reasons (but not limited by these reasons only): suspicious money transfers or bounced checks, incomplete or incorrect consigner/consignee information submitted to the shipment, discrepancy on estimated volume and weight submitted in a booking request against actual volume and weight retrieved by carrier more than 50%, incorrect type of commodity, commodity description and/or pickup location declared in initial booking request, failures to submit proper shipping documentation and/or information required by carrier and/or U.S. Customs, failures to pay our invoices etc.
 
Terms and conditions on risky shipments will differ from term and conditions on regular shipments as published in this web page. Terms and conditions on risky shipments will be amended depend on a particular situation.
 
Changes in terms and conditions on risky shipments can be as follows (but not limited by): changes on cargo acceptance requirements, changes in payment methods and terms, changes in release conditions, amendments in bill of ladings, our invoices etc.
As long as we consider a shipment a risky shipment, customer will be notified. As long as a customer is notified, then no verbal agreements or commitments can be accepted. All correspondence related to risky shipments must be in writing and can be used as evidence.
 
CANCELLATION OF SERVICE
For new customers, shipments with unpaid deposits will not be processed. There is no obligation to cancel a shipment with unpaid deposit. Existing clients please refer to our return policy.
 
If a security deposit is paid and shipment canceled before cargo tendered to the shipment, the customer will be refunded, minus $50.00 processing fee.
After cargo is submitted to the shipment, but still at the origin and can be returned, then we will request the carrier to put it on hold. The customer will be refunded after his/her written confirmation that goods are taken back. Processing fee $85.00 minimum and any charges accrued on this return are on account of the customer.
 
All credit cards refunds are subject to the transaction fee as stated in our return policy.
Missing scheduled cut off (latest delivery)/pickup day: If cargo has not delivered to a ship terminal on the intended delivery day as requested by customer at a time of booking, then we will roll the shipment over to the next available vessel without additional notice. Processing fee $25 will apply on each roll unless exceeds the security deposit limit. Attempt pickup fee will apply toward security deposit paid in advance.
After carrier had processed a shipment, i.e. cargo consolidated in the container, loaded aboard a vessel etc or/and after the ship date a refund cannot be provided.

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