Terms and Conditions

 

1. Introduction and Acceptance of Terms

Welcome to Delta Logistics. These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Shipper,” “User,” “you”), and Delta Logistics (“we,” “our,” or “us”). These Terms govern your access to our website and your use of our freight forwarding, transportation, warehousing, and supply chain management services (collectively, the “Services”).

By accessing the site or booking a shipment with us, you acknowledge that you have read, understood, and agree to be bound by all of these Terms.

2. Definitions

• “Cargo” or “Goods”: Any property, including live animals as well as containers, pallets, or similar articles of transport or packaging supplied by the Shipper, irrespective of whether such property is to be or is carried on or under deck.

• “Shipper”: The person or entity tendering goods to Delta Logistics for transport, or the party requesting Services via our website or direct contact.

• “Consignee”: The person or entity to whom the Cargo is to be delivered.

• “Carrier”: Any third-party physical transport provider (e.g., trucking company, airline, ocean liner) contracted by Delta Logistics to move the Cargo.

3. Scope of Services

Delta Logistics acts as a freight forwarder and logistics agent. We organize the transport of goods on your behalf by contracting with third-party Carriers. Unless explicitly stated in a separate, written agreement, we act solely as an agent in arranging transportation and do not assume liability as a direct physical Carrier. Transit times provided are estimates and are not legally guaranteed.

4. Shipper Responsibilities and Warranties

When engaging Delta Logistics, you warrant and agree to the following:

• Accurate Declaration: You must provide complete and accurate information regarding the weight, dimensions, volume, description, and value of the Cargo. Any discrepancies may result in adjusted billing, shipment refusal, or delays.

• Packaging and Stowage: You are solely responsible for ensuring that all Goods are properly and sufficiently prepared, packed, stowed, labeled, and marked to withstand the ordinary risks of transportation and handling.

• Documentation: You must provide all necessary documentation required for transport, customs clearance, and regulatory compliance (e.g., Commercial Invoices, Packing Lists, Certificates of Origin).

5. Hazardous Materials and Restricted Cargo

You agree not to tender any Cargo that is illegal, hazardous, dangerous, flammable, or otherwise subject to strict regulation without prior written consent from Delta Logistics. If approved, the Shipper is strictly responsible for declaring the exact nature of the danger and providing all required safety documentation (e.g., MSDS, UN classification). The Shipper bears all liability for fines, damages, or environmental cleanup costs resulting from undeclared or improperly packaged hazardous materials.

6. Rates, Invoicing, and Payment Terms

• Quotations: Freight quotes are based on current rates, tariffs, and the information provided at the time of the request. Final charges will be calculated based on the actual weight, dimensions, and routing of the shipment.

• Surcharges: Shipments may be subject to additional, unquoted fees, including but not limited to fluctuating fuel surcharges, peak season surcharges, port congestion fees, wait-time (demurrage/detention) fees, and customs examination fees.

• Payment Window: Unless prior credit terms have been formally established and approved in writing, all invoices are due upon receipt.

• Late Payments: Overdue balances may accrue interest at a rate of 1.5% per month (or the highest rate permitted by law), plus any collection or legal costs incurred by Delta Logistics.

7. Right of Lien

Delta Logistics retains a general and continuing lien on any and all Cargo (and documents relating thereto) currently or subsequently in our possession, custody, or control for all outstanding freight charges, customs duties, storage fees, advances, or other balances owed by the Shipper. We reserve the right to sell the goods at public or private auction if payment is not resolved within a legally specified timeframe.

8. Customs, Duties, and Taxes

The Shipper and/or Consignee are jointly and severally liable for all duties, taxes, fines, and regulatory charges incurred during the import or export of the Cargo. Delta Logistics assumes no liability for delays, seizures, or penalties imposed by customs or other governmental authorities due to incorrect documentation or prohibited contents.

9. Limitations of Liability

Delta Logistics’ liability for loss, damage, or delay of Cargo is strictly limited by applicable national and international transport conventions, which may include:

• Road Transport: CMR Convention limitations.

• Ocean Transport: The Hague-Visby Rules or US COGSA (typically limiting liability to 2 SDR per kg or $500 per customary freight unit).

• Air Transport: The Montreal Convention (typically limiting liability to 22 SDR per kg). We are not liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of market, or business interruption, regardless of whether we were advised of the possibility of such damages.

10. Claims Procedure

• Visible Damage: Any visible damage or loss to the Cargo must be explicitly noted on the delivery receipt (Proof of Delivery/POD) at the exact time of delivery.

• Concealed Damage: Claims for concealed damage must be reported in writing to Delta Logistics within seven (7) days of delivery.

• Filing Window: All formal claims for liability must be submitted in writing within thirty (30) days of the delivery date or the date the Goods should have been delivered. Failure to adhere to these timelines waives the right to any claim.

11. Cargo Insurance

Standard carrier liability offers minimal financial protection. Delta Logistics does not automatically provide full-value cargo insurance. We highly recommend that the Shipper purchases comprehensive, “all-risk” cargo insurance to cover the full commercial value of the Goods. We can arrange this insurance on your behalf only upon explicit, written request prior to shipment dispatch.

12. Force Majeure

Delta Logistics shall not be held liable for any failure or delay in performance caused by circumstances beyond our reasonable control. This includes, but is not limited to, acts of God, extreme weather, natural disasters, war, terrorism, strikes, lockouts, labor disputes, port closures, infrastructure failures, or government embargoes.

13. Indemnification

You agree to defend, indemnify, and hold harmless Delta Logistics, its officers, directors, employees, and agents from any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms, your negligence, or your failure to comply with applicable shipping laws and regulations.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the Netherlands. Any legal proceedings shall be subject to the exclusive jurisdiction of the competent courts located in Amsterdam, Netherlands.

15. Modifications to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will indicate any updates by changing the “Effective Date” at the top of this document. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.

16. Contact Information

If you have any questions about these Terms and Conditions or wish to file a claim, please contact us at:

Delta Logistics

• Address: Slego 1a, 1046 BM Amsterdam, Netherlands

• Email: Info@deltalogistics.nl

• Phone: +31 9 7010281245