These Bill of Lading Terms and Conditions are provided for informational and contractual reference purposes and are intended to apply where incorporated into a Cubeship Consolidation Company bill of lading, shipping document, booking record, order form, transportation arrangement, or related shipping instruction, subject to any separate written agreement that expressly governs the same shipment.
1. Scope of Terms
These terms apply to the receipt, coordination, carriage, handling, storage, transfer, and delivery of cargo where Cubeship Consolidation Company issues, references, or relies upon a bill of lading or comparable transportation record in connection with the movement of goods.
To the extent a separate written agreement expressly governs the same shipment or service relationship, that agreement may control over these terms in the event of a direct conflict.
2. Shipper Warranties
The shipper warrants that all cargo descriptions, weights, measurements, values, marks, classifications, customs information, hazardous goods declarations, and shipping instructions are accurate and complete. The shipper further warrants that the cargo is properly packed, marked, labeled, documented, and suitable for transportation under the intended mode and route.
The shipper remains responsible for losses, costs, penalties, delays, damages, or liabilities arising from inaccurate or incomplete shipment information or improper packaging, loading, or documentation.
3. Freight, Charges, and Expenses
All freight, accessorials, duties, taxes, storage charges, detention, demurrage, port fees, government assessments, and other costs associated with a shipment shall be payable as agreed or, if not otherwise agreed, immediately upon demand by Cubeship Consolidation Company.
Cubeship Consolidation Company may recover from the shipper, consignee, cargo owner, or other legally responsible party any charges, expenses, or liabilities incurred in connection with the shipment, including extraordinary costs resulting from delay, redelivery, inspection, correction, compliance intervention, or reconsignment.
4. Routing and Handling
Cubeship Consolidation Company may select or vary routing, carriers, handling points, transfer points, storage arrangements, and methods of carriage as reasonably necessary to perform the transportation arrangement, preserve cargo, comply with applicable law, or respond to congestion, disruption, labor events, weather, force majeure, or operating conditions.
No representation is made that any particular route, schedule, transit time, or mode will be used unless expressly stated in writing as a binding service commitment.
5. Dangerous Goods and Restricted Cargo
The shipper must disclose any dangerous, restricted, temperature-sensitive, oversized, regulated, controlled, or otherwise special cargo before tender. Cubeship Consolidation Company may refuse, return, isolate, dispose of, or take other necessary action with respect to cargo that is dangerous, improperly declared, unlawfully shipped, or operationally unsafe.
All resulting expenses, damages, penalties, and liabilities shall remain for the account of the shipper or other responsible party.
6. Delivery and Notice
Delivery may be made to the named consignee, an authorized agent, a warehouse, a terminal, a port facility, or another location designated by applicable shipping instructions or operational necessity. If delivery cannot be completed as planned, Cubeship Consolidation Company may store, hold, redirect, or otherwise manage the cargo at the risk and expense of the cargo interests.
Notice of arrival, delay, hold, or other shipment event may be given through commercially reasonable channels, including portal updates, email, phone, or other contact methods associated with the shipment.
7. Claims
Any cargo claim for loss, damage, delay, shortage, misdelivery, or related shipping issue must be submitted in writing within the time period required by the governing bill of lading, applicable tariff, carrier terms, statute, or other controlling framework. Failure to provide timely written notice may bar the claim to the fullest extent permitted by law.
The claimant must preserve available evidence, packaging, documents, and inspection opportunities reasonably necessary to evaluate the claim.
8. Limitation of Liability
Unless a higher value is declared in writing and expressly accepted where legally permitted, Cubeship Consolidation Company’s liability shall be limited to the amount allowed by applicable law, tariff, carrier limitation, convention, contract, or controlling shipping document. Cubeship Consolidation Company shall not be liable for indirect, special, incidental, punitive, or consequential damages, including lost profits, loss of market, or business interruption.
Any liability limitation applicable to an underlying carrier, subcontractor, terminal, warehouse, or other service provider may also apply for the benefit of Cubeship Consolidation Company to the fullest extent permitted.
9. Lien and Security Interest
Cubeship Consolidation Company shall have a lien on cargo, documents, and related proceeds for all freight, charges, disbursements, advances, and liabilities owed in connection with the shipment or other shipments involving the same responsible party, to the extent permitted by law.
If charges remain unpaid, Cubeship Consolidation Company may retain, store, sell, or otherwise enforce its rights against the cargo in accordance with applicable law after providing any notice required by law.
10. Force Majeure and Operational Disruption
Cubeship Consolidation Company shall not be liable for failure, delay, or deviation resulting from events beyond reasonable control, including acts of God, weather, port congestion, labor disputes, governmental action, war, terrorism, cyber incidents, public health events, carrier cancellations, customs intervention, or infrastructure failure.
11. Governing Framework
These terms are intended to be interpreted together with applicable laws, tariffs, carrier conditions, transportation conventions, service contracts, and shipping documents relevant to the shipment. Where more than one framework may apply, the controlling legal and contractual hierarchy shall be determined based on the specific service and mode involved.
12. Contact
Questions relating to these Bill of Lading Terms and Conditions may be directed to sales@cubeship.com or through the contact page on this website.