1. Nature of Everglobe's Services

Everglobe is a California-based logistics and commercial coordination company. Everglobe may coordinate services involving the United States, and other jurisdictions, including through related or cooperating companies such as Logimodal, Logimar, FPI Cargo, and other independent providers.

Everglobe is not an ocean common carrier, non-vessel operating common carrier, vessel operator, motor carrier, air carrier, customs broker, indirect air carrier, IATA cargo agent, or FMC-licensed ocean transportation intermediary unless expressly stated in a separate written agreement signed by Everglobe. Everglobe does not hold itself out as providing transportation as a carrier, does not assume carrier liability, and does not issue its own bills of lading, sea waybills, air waybills, house bills, house air waybills, or other transport documents as carrier.

All transportation, customs brokerage, cargo handling, warehousing, insurance, inspection, fumigation, port, terminal, drayage, trucking, ocean freight, air freight, courier, or similar regulated services are performed by properly authorized third-party providers, carriers, agents, brokers, warehouses, terminals, insurers, or other contractors ("Service Providers"). Everglobe's role is limited to arranging, coordinating, facilitating, supporting, communicating with, or assisting in the procurement of such services on Customer's behalf.

2. Customer Authorization to Use Third Parties

Customer authorizes Everglobe to select, engage, communicate with, and pay Service Providers on Customer's behalf as Everglobe reasonably considers appropriate for the requested services. Customer understands that each Service Provider performs its services under its own tariffs, contracts, bills of lading, air waybills, warehouse receipts, booking confirmations, service terms, limitation of liability clauses, operating rules, and applicable laws.

Customer agrees that all claims for cargo loss, shortage, damage, delay, misdelivery, storage, customs issues, penalties, or service failures caused by or occurring while goods are in the custody, control, responsibility, or contractual scope of a Service Provider must be pursued against that Service Provider under its applicable terms and legal regime. Upon request, Everglobe may assist Customer in submitting preliminary notices or supporting documents, but Everglobe is not responsible for the outcome of any claim.

3. Quotations, Rates, and Charges

All quotations are estimates based on information available at the time quoted. Unless expressly stated in writing, quotations are not binding and may change without prior notice due to carrier rate changes, fuel surcharges, currency fluctuations, port charges, congestion, storage, demurrage, detention, customs exams, security measures, government charges, duties, taxes, insurance premiums, documentation charges, inland costs, or other charges beyond Everglobe's control.

Customer is responsible for all freight, accessorial charges, duties, taxes, customs fees, storage, demurrage, detention, per diem, chassis fees, warehousing, inspection, fumigation, penalties, fines, legal charges, and other costs relating to the goods or services, whether billed before or after delivery and whether charged by Everglobe or a Service Provider.

Everglobe may require advance payment, deposits, credit approval, or payment before release of documents or goods. Failure to pay any amount when due authorizes Everglobe to suspend services, withhold documents, decline new work, charge interest at the maximum lawful rate or 1.5% per month, whichever is lower, and recover collection costs and reasonable attorneys' fees.

4. No Guarantee of Transit Times or Results

All sailing dates, flight dates, pickup dates, delivery dates, transit times, customs clearance times, port release times, warehouse processing times, market-entry projections, sales projections, or delivery estimates are approximate only. Everglobe does not guarantee arrival, departure, customs clearance, release, delivery, market acceptance, sales performance, or any specific commercial result.

Everglobe is not liable for delay, missed sailing, missed flight, rollover, congestion, equipment shortage, customs hold, inspection, strike, weather, force majeure, carrier schedule change, port closure, government action, documentation rejection, Service Provider delay, or any consequential loss caused by delay or non-performance.

5. Customer's Duties and Cargo Information

Customer must provide complete, accurate, and timely instructions and documents, including commercial invoices, packing lists, descriptions of goods, values, weights, dimensions, harmonized tariff codes, origin information, export/import licenses, permits, certificates, safety data sheets, dangerous goods declarations, and any other information required by law or by a Service Provider.

Customer warrants that all cargo descriptions, values, weights, marks, numbers, classifications, and documents are true and complete. Customer is solely responsible for compliance with all export, import, sanctions, customs, product safety, labeling, food, agricultural, consumer protection, intellectual property, and other laws applicable to the goods.

Customer must not tender prohibited, restricted, dangerous, hazardous, perishable, temperature-sensitive, high-value, fragile, counterfeit, infringing, illegal, or regulated goods unless Everglobe and the relevant Service Provider have received full written disclosure in advance and have expressly accepted the goods in writing. Everglobe may refuse, suspend, return, dispose of, or arrange special handling for any goods that are unsafe, unlawful, misdeclared, abandoned, unpaid, or rejected by a Service Provider, at Customer's risk and expense.

6. Transport Documents

Any bill of lading, sea waybill, air waybill, warehouse receipt, delivery order, customs document, or similar document is issued by the applicable Service Provider or authorized party, not by Everglobe, unless a separate signed writing expressly states otherwise.

Customer agrees that the terms printed or incorporated in each Service Provider's document apply to the transportation, custody, handling, storage, or delivery covered by that document. If Everglobe assists in preparing, transmitting, or reviewing documents, such assistance is administrative only and does not make Everglobe a carrier, warehouseman, customs broker, or insurer.

7. Cargo Insurance

Cargo moves at Customer's risk unless Customer obtains cargo insurance. Carrier and Service Provider liability is often limited by law, tariff, convention, contract, or transport document and may be substantially less than the value of the goods.

Everglobe strongly recommends that Customer insure every shipment for its full commercial value, including freight, duties, taxes, and expected costs. Everglobe may assist in requesting insurance through third-party insurance providers if asked in writing before shipment, but coverage is effective only if accepted by the insurer and confirmed in writing. Everglobe is not an insurer and does not guarantee coverage, claim approval, or payment.

8. Claims for Loss, Damage, Shortage, or Delay

Customer must inspect goods immediately upon receipt. Any visible loss, damage, shortage, seal discrepancy, container damage, or delivery irregularity must be noted on the delivery receipt, proof of delivery, interchange receipt, EIR, warehouse receipt, or similar document at the time of receipt.

Customer must notify Everglobe in writing as soon as possible and, in any event, within 24 business hours after delivery or discovery of the issue. For ocean container movements, Customer should provide a copy of the completed EIR or equivalent interchange document within 24 business hours after return of the empty container to the terminal, depot, or carrier-designated location.

Failure to provide timely written notice, photographs, delivery documents, packing documents, invoices, and claim support may prejudice or bar recovery from the responsible Service Provider. Everglobe may assist Customer in forwarding claim materials but is not responsible for claim denial caused by late notice, missing evidence, legal time bars, Service Provider defenses, or Customer's failure to preserve the cargo and packaging for inspection.

9. Limitation of Everglobe's Liability

Because Everglobe acts as a coordinator and not as a carrier, warehouseman, customs broker, or insurer, Everglobe is liable only for its own proven negligent acts or omissions in performing coordination services.

To the maximum extent permitted by law, Everglobe's total liability for any claim, loss, damage, delay, error, omission, misdelivery, or service issue is limited to the lesser of: (a) the fees actually paid to Everglobe for the specific service giving rise to the claim; or (b) USD $500 per shipment or transaction. This limitation applies regardless of the theory of liability, including negligence, contract, tort, bailment, misrepresentation, or otherwise.

Everglobe is not liable for cargo value, loss of profits, loss of sales, loss of market, business interruption, production shutdown, special damages, incidental damages, punitive damages, indirect damages, consequential damages, or attorney fees claimed as damages, even if Everglobe was advised that such damages were possible.

No employee, representative, agent, or contractor of Everglobe may increase Everglobe's liability or waive these limitations unless the waiver is in a written agreement signed by an authorized officer of Everglobe.

10. Indemnity

Customer agrees to defend, indemnify, and hold harmless Everglobe, its owners, officers, employees, agents, affiliates, related companies, and subcontractors from and against all claims, liabilities, losses, damages, fines, penalties, duties, taxes, storage, demurrage, detention, attorney fees, and expenses arising out of or related to: (a) Customer's goods; (b) inaccurate or incomplete information or documents; (c) violation of law; (d) misdeclaration of cargo; (e) dangerous, prohibited, restricted, counterfeit, or infringing goods; (f) nonpayment of charges; (g) instructions given by Customer or its agents; or (h) claims by third parties relating to the goods or services.

11. Customs, Compliance, and Government Holds

Everglobe is not a customs broker unless expressly stated in a separate written agreement. Customs entries, classifications, valuations, licenses, permits, and regulatory filings must be performed by Customer, Customer's customs broker, or another properly authorized provider.

Everglobe is not responsible for customs exams, holds, seizures, penalties, liquidated damages, duties, taxes, classification decisions, valuation decisions, admissibility decisions, labeling requirements, product compliance, or delays caused by government authorities. Customer remains responsible for all resulting costs.

12. Storage, Abandoned Cargo, and Lien Rights

Goods may be stored with third-party warehouses, terminals, carriers, fulfillment providers, or other facilities under their applicable terms and charges. Customer is responsible for all storage, handling, demurrage, detention, abandonment, disposal, and related costs.

To the maximum extent permitted by law, Everglobe has a general and continuing lien on any goods, documents, funds, or property in its possession or control for all amounts owed by Customer to Everglobe or advanced by Everglobe on Customer's behalf. If Customer fails to pay amounts due, Everglobe may, after reasonable notice where required by law, sell, dispose of, transfer, abandon, or otherwise deal with the goods to recover amounts owed, without waiving any other rights.

13. Force Majeure

Everglobe is not liable for any failure, delay, loss, damage, or expense caused by events beyond its reasonable control, including acts of God, weather, natural disasters, war, terrorism, civil unrest, strikes, labor disruptions, port congestion, equipment shortage, pandemic, epidemic, cyberattack, power outage, carrier failure, Service Provider failure, government action, sanctions, embargoes, customs actions, road closures, accidents, theft, piracy, fire, or market disruption.

14. Website, Tools, and General Information

Information on Everglobe's website, including service descriptions, Incoterms references, container specifications, logistics tools, commercial guidance, market information, and general resources, is provided for convenience only. It is not legal, tax, customs, insurance, regulatory, or professional advice. Customer should obtain advice from qualified professionals for its specific transaction.

Everglobe may update website content, service descriptions, rates, and these Terms at any time. The version posted on Everglobe's website at the time services are requested applies unless a separate written agreement signed by Everglobe states otherwise.

15. Independent Companies and Related Operations

Everglobe may coordinate with related, affiliated, or cooperating companies in the United States or other countries. Each company remains a separate legal entity responsible only for its own services, invoices, employees, obligations, and legal compliance. No related or cooperating company is liable for Everglobe's obligations, and Everglobe is not liable for the separate obligations of any related or cooperating company, except as expressly agreed in writing.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, except to the extent that federal law, international conventions, carrier tariffs, transport documents, or mandatory laws apply to a particular shipment or service.

Any dispute involving Everglobe must be brought exclusively in the state or federal courts located in Los Angeles County, California, unless Everglobe elects another forum available under an applicable transport document, tariff, contract, or law. Customer consents to personal jurisdiction and venue in those courts.

Any claim against Everglobe must be filed within one year after the event giving rise to the claim, unless a shorter period applies under a Service Provider's terms, transport document, tariff, convention, or law. Claims not filed within the applicable time period are waived and barred.

17. Entire Agreement and Severability

These Terms, together with any quotation, invoice, written service confirmation, credit agreement, and applicable Service Provider terms, form the entire agreement between Customer and Everglobe for the services. If any provision is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

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