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These Terms and Conditions apply to all shipments (“shipment”) that a customer (“Customer”) moves through Mass Global Logistics, LLC, a New Jersey limited liability corporation (“MGL”) for the shipment of goods, packages, containers, pallets, or any other items. These terms and conditions supersede all previous terms and conditions and other prior statements concerning the rates, payment, and other terms concerning shipments sent to MGL.

1. Shipments- By submitting a shipment to MGL, regardless if made verbally, electronically, or by written request, Customer agrees to these terms and conditions for the shipment and corresponding shipment(s). Customer agrees and will ensure that only a Customer’s authorized representatives will send shipments to MGL. Customer is liable for all charges related to a shipment and its corresponding shipment(s). MGL reserves the right, in MGL's sole discretion, to refuse any shipment at any time.

2. Role- MGL is registered as a transportation freight broker and freight forwarder with the Federal Motor Carrier Safety Administration (FMCSA) under MC# 1361177, with offices at 300 Carnegie Center Dr, Suite 150, Princeton, NJ 08540. Customer acknowledges that MGL is not a “motor carrier,” “rail carrier,” “water carrier,” “common carrier,” or “contract carrier” within the meaning of USC Titles 47 and 49. Instead, as a broker and freight forwarder, MGL fulfills shipments by contracting with various freight carriers for the purpose of arranging for the transportation of Customer’s shipments. The selection of the Carrier to fulfill a particular shipment will be at MGL's sole discretion.

3. Bills of Lading- The Customer, customer's vendors, and customer's representatives must use the Bill of Lading generated by MGL for each shipment. Unless Customer, customer's vendors, and customer's representatives send MGL a written objection to a Bill of Lading prior to pick up of a shipment, the Bill of Lading will be deemed prepared pursuant to Customer’s instructions, and fully approved by Customer. Customer understands and agrees that even if MGL's name is listed on the Bill of Lading as a Carrier that MGL is strictly a freight broker and never in possession of, responsible for, or liable for in any way including loss or damage, Customer's freight.

4. Rates- Rate quotes for shipments are only sent for Customer approval if Customer requests it otherwise Customer agrees to pay any and all rates for all shipments moved by MGL. Customer understands that rates may change after MGL has provided them based on carrier, weight, dimensions, freight, class, pick up, delivery, and/or any other reason related to the shipment, carrier, freight, or otherwise. Customer is responsible for all charges payable for Customer’s shipment(s) including shipments set up by Customer's vendor, Customer's representatives, or anyone else setting up shipments on behalf of Customer. Such charges may include transportation, fuel, other applicable accessorial charges, any charges made by the Carrier(s) after the shipment, all duties, customs assessments, governmental penalties, fines, and taxes.

5. Transit Dates, Times, and Guaranteed Shipments- All transit dates and times are estimates only, do not include the day shipment is picked up, do not include any holidays, carrier closures, and weekends. MGL cannot guarantee a pickup date or delivery date of any specific date and time. All guaranteed shipments and delivery times are given by the carrier and at sole discretion of the carrier moving the shipments. In no way is MGL liable or is responsible for any damages, financial or otherwise, caused by any delays in any shipment and/or a guaranteed shipment. Customer understands and agrees to pay all charges for all shipments including any guaranteed shipments not delivered within the estimated delivery date.

6. Invoices and Payment- All charges are due on or before the due date on each invoice. Any dispute by Customer of any charge listed on any invoice must be made in writing, specifically indicating the nature of the dispute, and delivered to MGL within ten (10) days from the date of the invoice regardless of when the invoice was recieved by Customer. If Customer does not timely deliver an invoice dispute all charges will be conclusively presumed to be valid. All payments must be made in US dollars and delivered to the address stated on the invoice in the form of a physical check, echeck, ACH, or Wire Transfer. All amounts past the due date will be subject to a monthly interest charge of 1.5% of the amount due. All funds received by MGL will be applied to the oldest due invoices first. Overpayments, if any, do not accrue interest. All credit card payments must be first approved by MGL management, come with a signed credit card authorization form, and carry a 4% service fee. By providing MGL with Customer's credit card or bank account information, Customer authorizes MGL to charge on such credit card or bank account all amounts due on the applicable due date. In the event past due invoices are given to an attorney or collection agency for collection, Customer agrees to pay, in addition to the account balance, all interest payments, and collection costs (both before and after judgment), including reasonable attorney’s fees, until the full balance is either paid or collected in full.

7. Credit Approval- The Customer authorizes MGL to perform all credit and background searches that MGL deem necessary. The Customer’s right to place shipments and incur charges, and the amount of aggregate charges permitted, is subject to our ongoing credit review and approval. MGL may increase or reduce from time to time, in our sole discretion, the amount of charges that a Customer may incur during any time period.

8. Lien- By submitting an shipment, Customer automatically grants MGL a lien on the shipment for all sums Customer owes MGL for both the shipment and all other amounts due. Customer hereby authorizes MGL to inform third parties of our lien on the shipment(s) and further authorize such third parties to hold, for our benefit, the shipment(s) against which MGL hold a lien.

9. Representations and Warranties- As a material inducement for us to accept a shipment, Customer represents and warrants to both MGL and the designated Carrier(s) that: (i) in each event that Customer submits an shipment, and at all times while a transport is being made, Customer will be in compliance with all applicable laws, rules, and regulations, including applicable laws relating to customs, import and export required by country to, from, through or over which the shipment may be carried; (ii) Customer will timely and fully furnish such information and complete and attach to the Bill of Lading such documents as are necessary to comply with all such laws; (iii) only authorized representatives of Customer, with the authority to act on behalf of and legally bind Customer, will be permitted to submit shipments and coordinate scheduling on behalf of Customer. MGL assumes no liability for any loss or expense due to the failure of any of the representations or warranties set forth in this paragraph. Further, Customer will defend, with counsel selected by MGL, indemnify and hold MGL harmless for any claims, damages and losses that MGL may be subject to or incur related to or stemming from a failure of any of Customer’s representations and warranties set forth in this paragraph.

10. Limitations of Liability- Customer agrees that MGL is not liable for any loss, damage, misdelivery or non-delivery caused directly or indirectly by: (i) the act, default or omission of a Carrier, the Customer or any other party who claims interest in the shipment; (ii) the nature of the shipment or any defect or damage therein; (iii) a violation by the Customer of any provision of this Agreement, the Bill of Lading, or the Carrier’s tariff; (iv) improper or insufficient packing, securing, marking or addressing; (v) failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions; (vi) acts of God, perils of the air, public enemies, public authorities, acts or omissions of customs or quarantine officials, war, riots, strikes, labor disputes, shortages, weather conditions or mechanical delay or failure of vehicles, aircraft or other equipment; (vii) the acts or omissions of any person other than employees of Mass Global Logistics; or (viii) the selection of the Carrier for a particular shipment. Further, Customer agrees that MGL is not liable for negligent acts or omissions of MGL employees except to the extent that such actions or omissions constitute gross negligence. In no event will MGL be liable to Customer or any third party, regardless of the form of action or theory of recovery, for any (a) indirect, special, exemplary, consequential, incidental, or punitive damages, even if MGL has been advised of the possibilities of such damages; or (b) lost profits, lost revenues, lost business expectancy, business interruption losses and/or benefit of the bargain damages. The aggregate liability of MGL to Customer or any third party for all claims and damages related to a particular shipment and its corresponding shipment(s), whether based on an action in contract, equity, negligence, tort, or other theory, will not exceed an amount equal to the total charges that Customer paid MGL for the subject shipment.

11. Insurance- As between Customer and MGL, the designated Carrier for a shipment will be solely liable for any damage to the items transported. From time to time MGL may recommend optional Shippers Interest Contingent Cargo Liability Insurance (“Third Party Insurance”), but MGL has no responsibility or liability with respect to the issuance of Third Party Insurance or in the denial or payment of any claims. The Customer will look solely to its own insurance, such as Third Party Insurance, a shipper’s policy, or insurance provided by the Carrier for damage to goods in transit. Each Carrier’s governing tariff will determine the standard liability cargo insurance coverage offered on any shipment, subject to any exception value. If the shipment contains freight with a predetermined exception value, as determined by the selected Carrier, the maximum exception liability will override the liability coverage otherwise provided by the tariff. Customer understands that MGL has limited liability under its domestic freight forwarding insurance policy of a maximum $.50 per pound and its contingent cargo insurance policy of $100,000 per occurrence.  

12. Claims- All freight cargo claims should be submitted directly to MGL within 5 business days of any shipment delivery. If Customer submits the claim to MGL, MGL will forward the claim to the Carrier or its insurer as a courtesy but MGL will have no liability for any deficiencies in the delivery or processing of the claim. MGL may assist in the resolution of claims but has no responsibility to do so and will have no liability for the claims. Customer agrees and acknowledges that a claim for damages does not relieve Customer from paying MGL for the full amount due for a shipment. Full payment to MGL for the shipment is a condition precedent to the processing and payment of a damage or insurance claim. Where a claim is submitted to a Carrier on behalf of Customer, MGL will automatically have a lien on any amounts payable to Customer from the claim to the extent of all amounts owed on Customer’s account with MGL. Accordingly, Customer hereby authorize and instruct the Carrier and or its insurer to issue payment directly to MGL. If any Customer invoices are past due, MGL may apply the funds received as payment on Customer's account with MGL.

13. Disputes- The laws of the State of New Jersey govern these terms and conditions. Customer consents to the exclusive jurisdiction and venue of the Superior Court in and for the County of Mercer in the State of New Jersey in any claim or action arising out of, under, or in connection with these terms and conditions. If Customer or MGL bring a lawsuit to enforce any provision of these terms and conditions, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with that litigation. Customer knowingly and voluntarily waive any and all right to a trial by jury in any action or proceeding arising out of, under or in connection with these terms and conditions.

14. Successors; Assignment- These terms and conditions will be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of Customer and MGL, except that Customer may not assign, delegate or transfer any of Customer’s obligations under these terms and conditions without MGL's prior written consent, which consent may be withhold at MGL's sole discretion. MGL may assign, delegate or transfer these terms and conditions by written notice to Customer.

15. No Third Party Beneficiaries- Nothing in these terms and conditions will be interpreted so as to create any third party beneficiary status or rights in any other person.

16. Interpretation- These terms and conditions will be interpreted in accordance with the plain meaning of its terms. If an ambiguity or question of intent or interpretation arises, these terms and conditions will be construed as if drafted jointly by Customer and MGL and no presumption or burden of proof will arise favoring or disfavoring any party by authorship of any provisions of these terms and conditions. Customer agrees that the contents of these terms and conditions are reasonable and necessary to protect MGL's business interests. In these terms and conditions the singular includes the plural, and the plural the singular; words importing any gender include the other genders; references to “writing” include printing, email, typing, lithography and other means of reproducing words in a tangible visible form; the words “including,” “includes” and “include” will be deemed to be followed by the words “without limitation.”

17. No Waiver- The waiver of any provision of these terms and conditions will neither operate nor be construed as a waiver of any subsequent breach. No failure to exercise, and no delay in exercising, any right, power, or privilege under these terms and conditions will operate as a waiver.

18. Materiality; Timing- All covenants, agreements, representations and warranties made in these terms and conditions are deemed to be material and to have been relied on by MGL in accepting a shipment and will survive the expiration of these terms and conditions. The rights granted in these terms and conditions are cumulative. Time is of the essence in the performance of the obligations under these terms and conditions.

19. Severability- In case any one or more of the provisions contained in these terms and conditions are, for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the other provisions of these terms and conditions, and these terms and conditions will be construed as if such invalid, illegal or unenforceable provision had never been contained in these terms and conditions.

20. Entire Agreement; Amendments- These terms and conditions contain the entire agreement between Customer and MGL with respect to the stated subject matter. No representations, promises, inducements or statements of intention have been made by Customer or MGL which are not contemplated by and embodied in these terms and conditions, and neither Customer nor MGL will be bound by or liable for any alleged misrepresentation, promise, inducement or statement of intention not set forth in these terms and conditions. MGL may amend these terms and conditions from time to time. The version of these terms and conditions in effect at the time a shipment is accepted by MGL will govern the shipment and its corresponding shipment(s). MGL will notify Customer when MGL makes changes to these terms and conditions and will give Customer the opportunity to review and comment on the revised terms before Customers submits new shipments. Customer submitting a new shipment, following notice of a change to these terms and conditions, constitutes Customer's acceptance of the amended terms and conditions. Dated February 28th 2024.



300 Carnegie Center Dr, Suite 150, Princeton, NJ 08540

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