Terms and Conditions

Terms & Conditions

These terms and conditions of service (“General Terms and Conditions”) constitute a legally binding contract between Accelerated Global Solutions Inc. (“AGS”), its subsidiaries, and affiliates (collectively “AGS”), and the “Client”. By requesting or accepting goods or services from AGS, the Client acknowledges and agrees to these General Terms and Conditions.

Except as explicitly agreed upon in a fully executed written agreement between AGS and Client, these Terms and Conditions govern all such services provided by AGS. They supersede any conflicting terms and conditions found in other agreements, including any verbal agreements, representations, or documents like bills of lading and/or waybills. These General Terms and Conditions are subject to modification by AGS and will be updated on the company’s website from time to time. Any changes become effective upon posting and can be found at https://www.agslogistics.com/terms.

No agent or employee has the authority to alter these Terms unless in writing and signed by both parties. A driver or AGS agent’s signature on any shipping documentation does not signify acceptance of any varied terms that deviate from these Terms. Ancillary services provided by AGS or its affiliates are governed separately from these General Terms and Conditions.

If any portion of these Terms is found invalid in a specific jurisdiction, the remainder will remain valid in that jurisdiction, and the invalidation will not affect the Terms’ enforceability in other jurisdictions.

  1. Definitions and Rules of Engagement.
    • “Auxiliary Services”: Client requested services performed before or after transportation, such as local cartage, loading, unlading, crating, uncrating, packing, unpacking, and storage. Auxiliary Services shall not include warehousing services.
    • “Bill of Lading”: A shipping document utilized by the Carrier, shipper, and consignee to document the chain of custody of the Goods and include information such as piece count, weight, quantity.
    • “Carrier”: An independent subcontractor responsible for the carriage of the shipment with its own means of transport, subject to carrier liability.
    • “Client”: Any individual or entity for whom AGS provides services, either directly or indirectly, including agents, contractors, shippers, importers, exporters, notified parties, carriers, and other representatives.
    • “Consignee”: The entity listed as the “ship to” party on the Bill of Lading, responsible for inspecting the goods and signing the Bill of Lading upon receipt of the shipment.
    • “Dangerous Goods”: Goods classified under the United Nations Dangerous Goods categories. Each dangerous good is assigned to one of nine classes to communicate the hazards through the transport chain. The Dangerous Goods classes are as follows:
      • Class 1—Explosives
      • Class 2—Gases
      • Class 3—Flammable Liquids
      • Class 4—Flammable Solids; Substances Liable to Spontaneous Combustion; Substances which, in Contact with Water Emit Flammable Gases
      • Class 5—Oxidizing Substances and Organic Peroxides
      • Class 6—Toxic and Infectious Substances
      • Class 7—Radioactive Material
      • Class 8—Corrosives
      • Class 9—Miscellaneous Dangerous Substances and Articles, Including Environmentally Hazardous Substances
    • “Goods”: Products, merchandise, or freight owned by the Client and subject to these General Terms and Conditions.
    • “Package(s)”: Individual shipping units listed on the Bill of Lading, such as cartons, pallets, or tubes.
    • “AGS Software”: Any AGS-provided software for tracking shipments or other logistics services, including all translations, modifications, updates, and enhancements.
    • “Shipment”: A collection of packages listed and described on a single Bill of Lading or other relevant shipping document issued by AGS.
  2. Quotations Not Binding. All quotations provided by AGS, including fees, rates of duty, freight charges, insurance premiums, or other costs, are for informational purposes only and are subject to change without notice. These quotations are based on the information available at the time and may vary depending on factors such as actual weight, commodity type, transportation mode, dimensions, and volumes tendered by the Client. No quotation is binding on AGS unless AGS agrees in writing to handle and transport the shipment at a specified rate. The Client understands that quotations are estimates and may change due to unforeseen circumstances or events beyond AGS’s control, such as market fluctuations or additional costs.
  3. Services and Rates. AGS shall provide Client with transportation-related services (“Services”), which may include Warehousing and Storage, Ground Transportation North America and U.S Air Transportation, International Air, NVOCC Ocean, OTI, Freight Forwarding, Final Mile, Customs Brokerage, and 3PL. The terms for these services may be subject to additional conditions as outlined in the relevant appendices. For services provided outside the U.S., separate terms and conditions may apply and will take precedence in the event of any conflict with the General Terms and Conditions. Due to market fluctuations and changes within the industry, AGS reserves the right to assess additional charges, including fuel and security surcharges, on applicable shipments and warehouse locations. The Client is also liable for all demurrage and any fees incurred by AGS, as well as additional costs arising from government delays, such as customs-related charges.
  4. Representations and Warranties.
    • a. Client Compliance: The Client warrants that it complies with all applicable laws, rules, and regulations, including but not limited to customs laws, import and export laws, and anti-corruption laws such as the U.S. Foreign Corrupt Practices Act. The Client further warrants that it is either the lawful owner of the goods or is authorized by the owner to enter into these General Terms and Conditions on the owner’s behalf and to arrange for the handling and disposition of the goods. The Client agrees to indemnify AGS against any claims or liabilities arising from third parties asserting rights to the goods.
    • b. Information Accuracy: In preparing and submitting customs entries, export declarations, applications, security filings, and other required data, AGS relies on the accuracy of the documentation provided by the Client. The Client agrees to use reasonable care to ensure that all information is correct, complete, and truthful. The Client will indemnify and hold AGS harmless from any claims, liabilities, or losses resulting from the Client’s failure to disclose information or from incorrect, incomplete, or false statements made by the Client, its agents, or contractors.
    • c. Special Handling Requirements: The Client agrees to inform AGS in writing of any special handling requirements, including precautions necessitated by the nature, weight, or condition of the goods, and of any statutory duties specific to the goods with which AGS may need to comply. The Client warrants that the goods are not classified as hazardous materials or dangerous goods at the time they are tendered to AGS, unless otherwise specified in writing.
  5. Payment. AGS will invoice the Client promptly after services are performed. Payment for each invoice is due according to the Client’s agreed-upon credit terms. For invoices related to warehousing services, AGS may extend a 30-day payment term. Invoices not paid by the due date will be subject to a late fee of 1.5% per month or the maximum allowable rate under applicable law, whichever is greater. The Client is responsible for ensuring timely payment and will bear all costs, including legal fees, incurred by AGS in collecting overdue amounts.
  6. Lien Rights. AGS shall have a lien on the Goods tendered by Client and upon all property belonging to Client in AGS’s possession, custody, or control for all charges, advances, or amounts of any kind due to AGS under these General Terms and Conditions or under any prior or subsequent invoices issued to Client by AGS (including charges for storage, handling, transportation, demurrage, terminal charges, insurance, labor, and any other charges incurred). AGS may refuse to release the goods until all outstanding charges are paid in full. If the amounts due remain unpaid for more than 30 days after AGS’s demand for payment, AGS has the right to sell the goods in any reasonable manner. The proceeds from the sale will be applied to the outstanding balance, with the Client remaining responsible for any deficiency.
  7. Data Privacy. Both AGS and the Client agree to implement and maintain commercially reasonable administrative, physical, and technical safeguards to protect against unauthorized access to confidential data, personal data, and proprietary software. The parties are responsible for complying with all applicable data protection laws, including common law standards. If AGS processes personal data or confidential information on behalf of the Client, such information will be processed in accordance with the AGS Logistics Data Processing Terms and Conditions, which are available upon the Client’s request. The Client represents and warrants that it has obtained the necessary consent from all data subjects to disclose and transfer personal data to AGS for the purposes of providing services.
  8. Intellectual Property.
    • a. AGS Software: The Client may be granted a limited, revocable, non-transferable, and non-exclusive right to use AGS software as it applies to the services provided. The Client agrees to use the software solely for the intended purposes and to keep all login credentials confidential. The Client will limit access to employees who need it and who are bound by confidentiality obligations. The Client is prohibited from providing access to third parties, altering or removing any proprietary notices, or reverse engineering, copying, modifying, or creating derivative works from the AGS software. All rights to the AGS software remain solely with AGS, and AGS may terminate the Client’s access at any time without prior notice.
    • b. Trademarks: The Client shall not use AGS’s name, logo, trademarks, or trade names in any publicity releases, promotional materials, advertising, or marketing without prior written consent from AGS.
  9. Subcontractors. AGS is authorized to select and engage carriers, drayage, labor, custom brokers, agents, warehousemen, and other third parties (“Subcontractors”) to perform a portion of the Services. Subcontractors shall be entitled to the same contractual rights, limitations of liability, indemnification, and other terms in these General Terms and Conditions to which AGS is entitled.
  10. Inspections. All Goods are subject to inspection by AGS and its Subcontractor and by any authorized government or regulatory entities, including but not limited to the U.S. Transportation Security Administration, and U.S. Customs and Border Protection. AGS is not obligated to perform such inspections except as mandated by law or government authority. AGS may reject any shipment that it deems unfit for transport or for storage after inspection and Client shall be responsible for any charges, including storage, arising from such rejection.
  11. Insurance. Client understands and agrees that the rates charged by AGS for Services do not include insurance or other compensation for loss/damage other than as expressly provided herein. The limitations of liability set forth in these Terms and Conditions are not insurance and such limitations apply in all circumstances where AGS is legally liable. AGS may assist Client, upon Client’s request, with the placement of cargo insurance. Unless requested by Client in writing in advance of shipment, and such request is confirmed in writing by AGS, AGS is under no obligation to procure insurance on Client’s behalf. Any such cargo insurance procured by AGS on Client’s behalf shall be subject to the applicable policy terms thereof, and AGS shall not be liable if, for any reason, Client is unable to recover a loss, in whole or in part, from the insurer under said policy, even if the premium charged by the insurer is different from AGS’s charges to Client for the coverage. Should the cargo insurance coverage made available by AGS be insufficient to protect Client’s interests, Client is encouraged to consult an insurance broker of its own choosing so as to purchase insurance elsewhere. Notwithstanding the foregoing, Client shall maintain its’ own product liability Insurance in an amount not less than $1,000,000 on a per occurrence basis.
  12. Claims. This section, along with any relevant appendices, governs the handling, processing, and liability for claims arising from the loss, damage, or delay of the Client’s goods. Failure to comply with the requirements outlined in this section will result in the claim being denied, and the Client will be barred from recovery.
    • a. Governing Law: The applicable law governing AGS’s liability for cargo claims depends on the mode of transportation. The relevant appendix will specify the governing law. If no appendix applies, the parties will default to a negligence standard. The governing law is supplementary to these Terms and does not alter them.
    • b. Inspection and Mitigation: The Client must allow AGS reasonable time and access to inspect the goods. Failure to retain the product and its packaging may result in the claim being denied. The Client is responsible for mitigating any damages to the goods, including taking reasonable steps such as repairs or other necessary actions to limit further damage.
    • c. Time Limit for All Claims: Unless stated otherwise in the applicable appendix, all claims must be properly filed in accordance with these Terms and Conditions. AGS will not consider or process claims until all invoices are paid in full. The Client is not permitted to offset unpaid invoices with the amount of the claim unless written permission is granted by AGS. Claims must be filed within two (2) years from the date AGS issues a written denial of the claim. Failure to do so will result in the claim being deemed waived.
    • d. Filing Claims: Within the time limits specified in this section, Client must file a preliminary claim within 48 hours of delivery. A formal claim needs to be filed within 30 days of delivery and must include: (i) facts sufficient to identify the shipment; (ii) a copy of the signed bill of lading, signed delivery receipt, invoice and any other documents supporting the claim; (iii) an assertion of liability for the alleged loss, damage, injury or delay; and (iv) a demand for a specific or determinable amount of money, including the commercial invoice demonstrating the value of the Goods. A broken seal is not evidence of damage or contamination without further evidence supporting such a claim. The Client’s claim must meet all requirements listed in this subsection otherwise the claim shall be barred from recovery. Receipt of the Goods without a written notation on the bill of lading shall be prima facie evidence that the Goods were delivered in good condition. AGS will investigate the claim and will notify the claimant within 180 days after receipt of claim of the conclusion. Claims that are submitted with partial documents, or missing items required to conclude a claim, will result in denial of claim. Claim payments may be in the form of a credit note. AGS shall not be liable for any loss or damage to goods that is not apparent (concealed), at the time of delivery, including perishable goods. Client must provide AGS with disposition within five (5) days from date of notification from AGS. Claims for overcharges or duplicate payments must be received in writing by AGS no later than 180 days of Client’s receipt of the original invoice from AGS; and, provided that such claim has been timely filed, any action or proceeding by Client against AGS to recover such charges shall be commenced not more than 18 months after Client’s receipt of AGS applicable invoice.
    • e. Delay Claims: AGS does not guarantee specific delivery times due to the inherent nature of the transportation industry. The Client understands that AGS is not liable for delays in pickup, transportation, or delivery.
    • f. Refused or Returned Goods: AGS shall not be liable for any claims regarding returned Goods (a) which have been previously unpackaged by consignee and are no longer in their original sealed condition; or (b) where AGS did not deliver the original shipment to consignee. Client shall be responsible for all costs associated with any return shipments, including any transportation charges and fees, together with the original transportation charges and fees, unless such shipment is deemed undeliverable solely due to damage attributable to AGS in which case AGS shall be responsible for the return transportation, if any. Client must provide disposition within forty-eight (48) hours from AGS’s notice for perishable Goods.
    • g. Restricted Commodities: The following articles shall not be tendered to AGS for transportation: AGS shall not be responsible for loss or damage to items of extraordinary value, any Shipment prohibited by law, Bank bills, notes or currency, common fireworks, hazardous waste or hazardous waste service, human remains, fetal remains, human body parts, human embryos or components thereof, ivory, marijuana, including marijuana intended for medicinal use, postage stamps, shark fins, vape products within, to or from the U.S., precious metals, goods of high or unusual value, firearms, Dangerous Goods, time sensitive written material, one-of-a-kind items, models, prototypes, prints, lithographs, household goods, personal effects, livestock, plants, insects, or trade show goods. This list is not exhaustive, please contact AGS to determine if there are any exclusions based on specific commodities. AGS shall not be liable for any loss, damage, delay, liabilities, penalties or fines resulting from the transportation of any of the foregoing articles, however described or mis-described in the shipping Documentation, and no employee or agent of AGS has any authority to accept for transportation such articles or to waive the limitations herein contained. AGS retains the right to refuse any such Shipment prior to acceptance. In the event AGS discovers after acceptance of a Shipment that the Shipment contains any of the herein mentioned articles, it reserves the right to refuse the Shipment, or, if already in transit, to refuse to deliver the Shipment to the consignee. Customer agrees to pay all expenses, freight charges, fines and penalties for said Shipment. Customer further agrees to indemnify and hold harmless AGS from any and all loss, damage, delay, liabilities, penalties or fines of whatsoever nature arising out of or related in any way to said Shipment.
    • h. Temperature Controlled Storage: AGS is not responsible for storing goods in temperature or humidity-controlled environments unless expressly agreed upon. The Client acknowledges that goods may be warehoused in non-controlled environments.
    • i. Exclusions from Liability: AGS shall not be liable for any loss or damage caused by: (1) acts, defaults, or omissions of the Client or Consignee, including but not limited to, inadequate or improper packaging, marking, addressing or providing incomplete or inaccurate instructions, documentation, or information; (2) handling, loading, unloading, stowage not performed by AGS; (3) Carriers or services providers performing Auxiliary Services; and (4) any damage involving rust, oxidation or any like condition due to moisture.
    • j. Salvage: If AGS pays a claim, it is entitled to the portion of the goods for which the claim was paid. If the Client salvages the goods after AGS has paid the claim, AGS is entitled to a refund up to the amount of the claim paid.
    • k. Limitations of Liability: Unless stated otherwise in the applicable Appendix, in the event of loss or damage to the Goods for which AGS is legally liable, AGS’s liability shall be limited to actual value of the Goods, subject to a maximum of USD $50.00 per occurrence. The actual weight of the Goods shall be used in calculating the monetary value of the cargo claim and not the dimensional weight. Client hereby waives all rights and remedies under the Carmack Amendment.
    • l. Declared Value: The monetary maximum liabilities set forth herein shall be imposed unless the Parties have expressly agreed upon a higher limitation for the Shipment and Client has paid an excess valuation charge in advance to pick-up. If AGS is deemed liable for the loss and an excess valuation has properly been executed, the Parties shall process the claim pursuant to the terms and conditions of these General Terms and Conditions and any applicable Appendix.
    • m. Address: Address for notice and claims. All claims must be submitted in writing to AGS Attn: claims@agslogistics.com.
  13. Consequential Damages and Disclaimers. Under no circumstances shall AGS be liable for any special, incidental, consequential, or punitive damages, including but not limited to:
    • Loss of profits
    • Loss of market or business opportunities
    • Loss of income
    • Attorneys’ fees
    • Damage to property
    • Delay in delivery or failure to deliver

    These limitations apply regardless of whether AGS had prior knowledge that such damages or losses might occur. Additionally, AGS is not liable for any damages arising from auxiliary services, whether or not AGS directly provided them or arranged for them through a third party. These services may include but are not limited to loading, unloading, packing, crating, and storage. All services provided by AGS are rendered “as is,” without any warranties or representations, whether express or implied. This includes but is not limited to warranties related to fitness for a particular purpose, merchantability, or any other condition arising by statute, custom, or trade practice.

  14. Indemnification. The Client agrees to indemnify, defend, and hold harmless AGS, its subsidiaries, affiliates, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all claims, damages, losses, lawsuits, administrative proceedings, liabilities, costs, and expenses, including attorneys’ fees, arising out of or related to:
    • a. Client’s Goods: Any latent or patent defect, condition, or quality of the Client’s goods, including hazardous materials.
    • b. Client’s Conduct: Any act, omission, or misstatement by the Client or any third party acting on the Client’s behalf, whether intentional, negligent, or in violation of any law, treaty, convention, agreement, or industry practice.
    • c. Documentation and Instructions: Any documentation, information, or instructions (or the lack thereof) provided by the Client or any third party acting on the Client’s behalf, including incomplete or inaccurate information that AGS relies upon in performing its services.
    • d. Goods Release: Any improper release of goods by AGS contrary to third-party instructions, provided such instructions were not communicated clearly and timely to AGS by the Client.
  15. Force Majeure. AGS shall not be liable for loss, damage, delay, injury or monetary losses of any type caused by: acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; pandemics; weather; mechanical or equipment failures; cyber-attacks; pandemics; civil commotions; hazards incident to a state of war; acts of terrorism; acts or omissions of customs or quarantine officials; acts of carriers related to security; the nature of the Goods or freight, or any defects thereof; inherent vice of the goods; perishable qualities of the merchandise; fires; frost or change of weather; floods; wind; storm; moths; public enemies; or other causes beyond AGS’s control.
  16. Governing Law. Unless stated otherwise in any applicable Appendix, these General Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law doctrines.

Appendix E

Final Mile

  1. The Final Mile Terms shall govern the dealings between AGS and Client for all parcel delivery services. To the extent that any terms and conditions of the Final Mile Terms conflict with those of the General Terms and Conditions, the terms and conditions of the General Terms and Conditions shall prevail solely to the extent necessary to resolve the conflict or ambiguity. It is expressly understood that the Final Mile Terms do not cover or apply to other unrelated services such as full truckload transportation, warehousing, customs brokerage, international, air, ocean, or other services that AGS has provided or may provide to the Client; and that those separate services shall be governed by their respective terms and conditions.
  2. Services. Acting as a freight forwarder MC 1086469, authorized by the FMCSA and as a parcel delivery services agent in the U.S., AGS agrees to provide end-to-end transportation services from origin ports overseas to recipients’ docks in the U.S., and other value-added import logistics services to U.S. import freights/parcels, ranging from customs clearance, airport/pier trucking, local transportation to last-mile delivery services to Client.
  3. Cross Border Services. AGS may provide Client with cross border parcel services, such as:
    1. through subsidiaries and agents at the ports of origin overseas, logistic services not limited to export customs declaration, trucking, export consolidation and cross-border freight/parcel moving via air and ocean;
    2. at the destination, customs clearance (using customers IOR only) services, including formal entry on air/ocean freight; Sec 321 clearance at CFS and ECCF, and Type 86 clearance at CFS on air freight; and Type 86 clearance on ocean freight;
    3. at the destination, airline freight recovery and pier container recovery services;
    4. freight/parcel handling services, but not limited to, container direct injection to carriers’ hubs whenever the hubs accept, container trans-loading, short-term warehousing, palletizing, and local line-haul delivery to carriers’ hubs or Client’s warehouse;
    5. final-mile freight trucking and parcel delivery services via self-operated delivery force and partners’ delivery network and services;
    6. scanning events which are available at Client’s request on AGS’s portal; and/or
    7. assist suppliers with any freight/parcel delivery exceptions may occur; and update accurate tracking information of the consignments/freight/parcels to Client in a timely manner.
  4. Client’s Rights and Obligations.
    1. Client will hold title or any other rights of ownership in the freight/parcels until such time as the freight/parcels are delivered to recipients. Client shall strictly follow the laws and regulations of USCBP and other U.S. government regulatory agencies to conduct shipping business and commit to making accurate and true declaration on an import shipment, such as value, weight, quantity, HTSUS tariff codes and recipient’s information.
    2. Client shall prepare all freight/parcels to the standards of transportation safety complying with regulations set by government agencies at origin and destination ports to ensure that proper packaging and labels is used and that contents are adequately and securely packed, wrapped, and cushioned for transportation. Client shall utilize AGS’s designated shipping labels on the packages entering AGS’s delivery network.
    3. Client shall not render service to any of the articles prohibited pursuant to the terms herein as noted below as well as standards regulated by Customs Authorities: (1) any freight/parcel with an actual value of more than $800 without written permission; (2) any articles that are prohibited by applicable law or regulation of any federal, state, provincial, or local government in the U.S., including the products which are counterfeit or infringe upon the intellectual property rights of any third party; and (3) any articles that consider as Dangerous Goods in air or ground transportations, such as but not limited to lithium batteries of any amount without written permission.
    4. Client shall be fully responsible and shall not file claims of damage, loss, return, surcharges, confiscation, abandon and penalties of shipment against AGS, incurred because of Client’s error or omission in its preparation of its Client Documents (as defined below) or for not following other appropriate procedures. Client warrants that in preparing and submitting export declarations, applications, security filings, documentation and/or other required data (collectively, “Client Documents”), the AGS relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Client/shipper. Client shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold AGS harmless from all claims asserted and/or liability or losses suffered by reason of the Client’s failure to disclose information or any incorrect, incomplete, or false statement by the Client or its agent, representative or contractor upon which AGS reasonably relied. Client hereby acknowledges it has an affirmative non-delegable duty to disclose all information required to import, export, or enter the shipment.
    5. For the purposes of enrolling AGS’s services and register for a AGS’s account, Client agrees to provide the following documents to AGS: (1) Client’s legal representative’s legal name, real current physical address, true phone number, U.S. FEIN and or D&B # if applicable, and valid e-mail address; (2) a copy of Client’s valid business license; (3) a copy of Client’s credit application or similar documentation; and (4) any other documents required by AGS, such as POA and SLI with a signature of Client’s legal representative on each document if requested.
    6. Upon Client request, AGS may provide access to consignment/freight/parcel tracking information, including transportation events of arrival at bonded warehouse, arrival at last-mile carriers’ distribution facilities, departure from distributions facilities, being on transit, delivery, or exception, via integrating AGS’s Tracking API into Client’s system.
    7. Client agrees to keep all information relating to AGS, including, but not limited to pricing, suppliers, carriers, service guide, SOP, data confidential and not to disclose such information except with the written consent of AGS.
    8. Client shall be held fully responsible for all last-mile delivery carriers’ charges arising from Client’s labeling account with AGS.
    9. Client shall be held fully responsible for economic loss, financial penalty, and legal fees caused by the business conducts which involves weight discrepancy, mis-manifesting, label expiration and relabeling on the same service or replaced service decided by last-mile carriers, shipping prohibited goods (such as IPR-violating commodities and lithium batteries) by Chinese and U.S. governmental regulatory agencies.
  5. AGS’s Rights and Obligations.
    1. As Client entrusted, AGS shall work with licensed custom house brokers and certified distribution suppliers and last-mile carriers to provide Client professional customs clearance, local transportation, and freight/parcels last-mile delivery services at the ports of destination in the United States.
    2. AGS may adjust charges and rates without notice on the condition of any shipping exception caused by such incomplete or incorrect shipment data and customs clearance documentation. AGS will not be responsible for any return, loss or extra handling charges and fees caused by such data as well as the service failures, including, not limited to service selected, and freight/parcels’ tracking number, weight, dimensions, recipients, recipients’ address, and recipients’ phone number. The determination of such data and service failures is at LCB broker and carriers’ sole and unlimited discretion.
    3. AGS shall not be liable for any return, duty and taxes, confiscation, disposal, fines, legal punishment for any consigned freight/parcel prohibited by applicable law or regulation of any federal, state, or municipal government in the US.
  6. Fees and Payment Terms.
    1. Client agrees to provide AGS a security deposit to be determined as pre-payment for using AGS last-mile delivery services. If the balance in Client’s account is insufficient or negative, Client shall add adequate funds to its account within forty-eight (48) hours after receiving a notice from AGS. If Client fails to add adequate funds to its account within forty-eight (48) hours after receiving out notice, AGS reserves the right to terminate the functions of labels creating and printing in Client’s account or to immediately suspend any services herein this Agreement.
    2. Client will be charged the services fees set by AGS. The services fees may be modified from time to time by AGS, upon two-week advance notice to Client. The fuel surcharges of last-mile carriers are subject to adjustment bi-weekly, and it shall be Client’s responsibility to access and get the information on the adjusted fuel surcharges via last-mile carriers’ websites.
    3. Client will receive last-mile delivery service invoices on a weekly basis, or as otherwise agreed in writing. The weekly invoice will be emailed to Client. Requests for an invoice adjustment (e.g., adjustment of charges based on poor printing or an incorrect rate, billable weight, account number, label cancellation, type of service, shipping charge correction, etc., or a refund due to various reasons must be received by AGS within thirty (30) days of sending the origin invoice to Client. Invoice adjustment will be made, and credit memo/invoices will be provided by AGS after the requests have been verified and approved by AGS. Client will be able to use the credit memo/invoices on the payments on its incoming invoices.
    4. Deposit and account balance will be returned to Client within sixty (60) days of the Agreement’s termination. Notwithstanding the foregoing, these Final Mile Terms shall continue to apply to any consignments/parcel/freight to which Client engages the services of AGS.
  7. Cargo Claims.
    1. For any claims on loss, damage, or delay, AGS shall assist with investigation and respond within fourteen (14) days from Client’s notification. Notwithstanding the foregoing, AGS and Client will adhere to the contracted final mile provider(s) claims policies, and/or tariffs, including their terms and conditions as well as any limitations of liability.
    2. During the period from shipping information being generated in AGS’s systems when a freight/parcel is at the port of origin till the freight/parcel being delivered to recipient at the port of destination, AGS is not liable for any loss, damage, delay, and shortage of the freight/parcel, and is not obligated to make any compensation to Client, unless properly documented and such documentation indicates the shipments were in AGS’s care, custody, and control.
    3. AGS does not provide any parcel return service and shipment value protection service. All undelivered parcels returned to AGS’s facility will be automatically abandoned. For any undeliverable returns caused by incorrect address or any other delivery exceptions, all related charges that may occur will be the responsibility of the Client.
  8. Liability. AGS is not responsible for any shipment that is not using approved AGS designated shipping labels. AGS’s liability in loss or damage before turning to last-mile delivery carriers will follow AGS’s Agreement on Freight Forwarding and Customs Clearance Services pursuant to AGS’s terms and conditions incorporated herein by reference, subject to updates from time to time listed at www.AGSlogistics.com. For small parcel services, AGS’s liability is limited to the portion of the price paid by the Client to AGS for Services subject to the relevant claim and not to exceed USD $50 per parcel. After shipments turned over to last-mile carriers, such as UPS, FedEx, USPS, Pitney Bowes, DHL e-Commerce and other last-mile carriers, these carriers’ claim policies will apply. If a consignment combines carriage by air, road, sea and/or other mode of transport, it shall be presumed that any loss or damage is incurred during any period of such carriage unless proven otherwise. AGS’s liability in respect of any one consignment transported is limited to terms and conditions and limitations of liability pursuant to UPS, FedEx, USPS, Piney Bowes, or DHL e-Commerce or last-mile carrier terms for damage/lost claim.