GTI USA’s Terms and Conditions
These Terms and Conditions (“Rules”) govern all shipments of commodities ("Goods") for which GTI USA or one of its affiliates ("GTI USA") arranges transportation or related logistics services for any shipper, consignor, consignee, beneficial owner or any other party requesting or using GTI USA’s services (“Customer”). To the extent GTI USA and Customer have executed a different agreement pertaining to the provision of Services or shipment of Goods, then that agreement shall govern to the extent it is inconsistent with these Rules. Customer agrees to be bound by these Rules and, pursuant to 49 U.S.C. § 14101(b)(1), waives any and all rights and remedies that it may have under 49 U.S.C. §§ 13101 through 14914 that are contrary to specific provisions herein.
Broker - Customer acknowledges that GTI USA is a transportation broker, not a motor carrier or freight forwarder, and is responsible only for arranging transportation and related services of Goods, and not for actually performing the transportation or related services.
Services - GTI USA, acting as a broker, agrees to arrange the transportation with its third-party motor carriers ("Carriers") licensed by the appropriate governmental entity to provide transportation and related services (“Services”) to Customer.
Credit - All Customers are subject to credit approval. The amount of credit, if any, granted to Customer is at the sole and entire discretion of GTI USA. Customer allows GTI USA to disclose business and financial confidential information to its credit insurers. GTI USA reserves the right to withhold Services and to have Carriers hold Goods that are in transit to ensure payment of all invoices.
Payment - Payment for Services is due within thirty calendar days of the date of invoice. Customer is permitted ten (10) calendar days from the date of the invoice to dispute any invoiced charges. If GTI USA does not receive a written dispute within the allowable ten (10) calendar days, Customer waives any right to dispute the invoices. Payment may be made by check, money order, electronic funds transfer, or, if approved in advance, by credit card. Invoices not paid as agreed are subject to a service charge of 2% per month or the highest lawful rate, if less. Customer will be liable for all related costs and expenses, including attorneys’ fees and in house attorneys’ fees, costs, and collection agency fees related to GTI USA’s efforts to collect outstanding invoices.
Carriers - GTI USA will enter into relationships with Carriers, either by execution of written contracts or by incorporation of GTI USA’s Carrier Terms and Conditions.
Claims - GTI USA shall not be liable for any type of claims, including, without limitation, cargo claims, property damage claims, or personal injury claims (collectively referred to as ‘Claims’). GTI USA has no responsibility, liability or involvement in the payment of Claims. This being said, GTI USA and Customer may agree that GTI USA will be Customer’s primary point of contact for any loss, damage or delay to cargo ("Cargo Claims"), for which GTI USA receives timely notification and pertinent information, and for which Customer cooperates with GTI USA. If Customer wishes GTI USA to attempt to assist with processing of a Cargo Claim, Customer must notify GTI USA within thirty days of delivery or failed delivery. Customer must provide GTI USA with all supporting documentation, including, but not limited to, the following documents: bill of lading, document showing receipt of all Goods in good condition by Carrier, delivery documents showing the shipment was delivered short or damaged, a vendor's invoice showing the value of Goods, a demand for a specific amount of money, with a clear explanation of how that amount is determined, communication from the Carrier or consignee that the shipment was not delivered, and any other supporting documentation that GTI USA or the Carrier may request. Customer acknowledges that its failure to promptly provide all requested documents will result in a denial of the Claim.
Claims procedures contained in 49 CFR Section 370 apply to all Cargo Claims. Customer acknowledges that any Cargo Claims must be led against the appropriate Carrier within 9 months of the date of delivery of Goods, or in the case of non-delivery, within 9 months of the date delivery should have been made. Notice to GTI USA does not constitute filing of claim with the Carrier. GTI USA is not responsible to file the claim with the Carrier. Any suit or other legal action to recover for cargo loss, damage, injury or delay, must be commenced against Carrier no later than 2 years after declination of the Cargo Claim by Carrier. The filing of a claim does not relieve the Customer for payment of freight charges. Freight payment is necessary in order for a Carrier to process a claim.
GTI USA and Carriers’ Liability - Customer acknowledges GTI USA and Carriers are not liable for the following: (1) damage or injury to Goods to the extent due to packaging, loading, unloading, blocking, bracing or securing of Goods; (2) inherent vice or defect in Goods, including rusting of metals, swelling of wood caused by humidity, moisture or condensation, or deterioration of perishable products; (3) an act of God or the public enemy; (4) any act or default of any Customer; (5) any act taken under authority of law; (6) any act of war or terrorism; or (7) special, consequential, indirect, incidental, or punitive damages including any and all liquidated damages, penalties, lost profits, or loss of business of any kind.
It is agreed that GTI USA will not be liable for claims that occur in Mexico. Goods will be the sole responsibility of Shipment Owner unless GTI USA’s Mexican cargo insurance is purchased.
GTI USA’s Limitations of Liability - Customer acknowledges that GTI USA is a transportation broker and not a carrier. Unless otherwise agreed to in a signed writing between GTI USA and Customer, GTI USA’s cargo liability will not exceed $2.00/lb CAD for shipments originating in Canada or $2.00/lb USD for shipments originating in the United States.
Customer's Duties - Customer is responsible for ensuring that Goods are properly and safely loaded, supported, blocked, braced, and secured, and Customer will be responsible for expenses and damages arising out of any resulting load shifts. Customer must provide necessary shipping instructions and properly identify all Goods in the Bill of Lading or other shipping instructions. Customer will properly notify GTI USA in writing in advance if it tenders any restricted commodities, or any other Goods that may require special handling, including hazardous materials and waste, oversized or overweight shipments, coiled or rolled products, or commodities requiring protection from heat or cold. Customer is responsible for properly counting and recording the number of pieces transported. Customer is responsible for checking all empty containers or trailers tendered for loading and rejecting any equipment that is not in apparent suitable condition to protect and preserve Goods during transportation. If Customer requests that GTI USA arrange for equipment to be dropped at a location for Customer's convenience and left unattended by Carrier, Customer and its consignors or consignees will not lose, damage, or misuse the equipment and Customer will pay for loss or damage to the equipment, damage to third parties’ goods, or personal injuries occurring during or as a result of such custody, control, possession, or use of the equipment. Customer is responsible for and warrants its compliance with all applicable laws, rules, and regulations, including customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to the Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. GTI USA assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.
Applicable Law - By requesting or using the services of GTI USA, Customer agrees to jurisdiction and venue in the United States District Court for the Eastern Division of the Northern District of Illinois or, if federal jurisdiction is not available, in state court located in Cook County, Illinois.
Pricing - Prices are subject to change without notice, if shipment information provided by Customer is deemed to be incorrect or incomplete.
Changes to Rules - Customer agrees to be bound by all of the terms and conditions contained in these Rules. GTI USA may modify these Rules from time to time, upon posting the most up to date terms and conditions on www.thegtiusa.com. Such changes shall be effective for all transactions between GTI USA and Customer after the date of the posting.