Terms and Conditions

DEFINITIONS

1. AlphaM refers to AlphaM Trading & Logistics LLC, a licensed logistics and freight forwarding company.
2. Client or Shipper refers to any person, company, or legal entity that engages AlphaM to provide shipping, logistics, or transport services.
3. Carriage refers to the transport, handling, and storage of Cargo arranged by AlphaM.
4. Cargo includes all goods, items, vehicles, equipment, or materials shipped by the Client, including any containers, packaging, or ancillary equipment not provided by AlphaM.
5. Combined Transport refers to the transport of Cargo from the place of receipt to the place of delivery using multiple modes of transport, including but not limited to road, rail, sea, or air.
6. Container includes any device, trailer, pallet, or packaging used to consolidate Cargo for transport.
7. Merchant includes the Client, consignee, receiver, holder of shipping documents, or any person entitled to the possession of Cargo; their obligations are joint and several.
8. Package refers to the largest unit used to prepare Cargo for transport, such as cartons, pallets, or containers.
9. Port-to-Port Shipment refers to transport between two designated ports, where AlphaM’s responsibility begins at the port of loading and ends at the port of discharge.
10. Subcontractor includes third-party carriers, transport operators, stevedores, terminal operators, and independent contractors engaged by AlphaM.
11. On-Carriage refers to the transfer of Cargo from AlphaM to another carrier for delivery beyond the agreed destination, during which AlphaM’s liability ceases.
12. Vessel means any ship, aircraft, truck, or other conveyance used for Carriage, including substitutes.
13. Applicable Maritime or Transport Laws include relevant international, national, and regional regulations governing the Carriage of Cargo, including local equivalents of COGSA, Hague/Visby Rules, Hamburg Rules, and other statutory rules.

ACCEPTANCE OF TERMS

By engaging AlphaM to provide logistics or transport services, the Client acknowledges and agrees to be fully bound by these Terms and Conditions, including all applicable tariffs, rates, rules, and provisions published by AlphaM. Any conflict between these Terms and other documentation, including invoices, order confirmations, or Client-provided documents, shall be resolved in favor of these Terms and Conditions. The Client’s acceptance of services constitutes full and unconditional agreement to the provisions herein, whether printed, written, or electronically displayed.

SCOPE OF SERVICES

AlphaM provides Carriage, handling, and storage services for Cargo from the point of receipt to the designated delivery location, utilizing any combination of transport modes deemed appropriate, including road, rail, sea, and air. These Terms and Conditions apply before, during, and after transport, including storage at any facility used during the course of Carriage. AlphaM’s services include coordination, documentation, and management of Cargo transport, and these Terms govern the full scope of responsibilities, obligations, and limitations of liability.

THIRD-PARTY ON-CARRIAGE

AlphaM may engage third-party carriers, subcontractors, or agents to complete all or part of the transport of Cargo beyond the agreed destination. In such cases, AlphaM acts solely as the Client’s agent to arrange On-Carriage and is not responsible or liable for any loss, damage, or delay that occurs during third-party transport. The responsibility and liability of AlphaM end upon transfer of Cargo to the subcontracted carrier.

RECEIPT AND CONDITION OF CARGO

AlphaM acknowledges receipt of Cargo only in its visible, apparent condition at the time of delivery to AlphaM. If Cargo is delivered in sealed containers, AlphaM is responsible only for delivering the container intact. The Client bears full responsibility for proper stuffing, securing, labeling, and preparation of Cargo, including compliance with applicable laws and regulations regarding hazardous, fragile, or perishable goods. The Client agrees to indemnify AlphaM for any claims, loss, damage, or liability arising from improper packaging or unsafe Cargo.

DELIVERY

AlphaM will deliver Cargo by placing it in a safe and reasonable location for collection, by relinquishing custody to the authorized recipient, or by delivering to relevant authorities when customary. AlphaM may move Cargo to storage facilities at the Client’s risk and expense and charge demurrage for late collection. If Cargo is not collected within thirty (30) days, AlphaM may, at its discretion, sell the Cargo or return it to AlphaM’s facility to exercise liens for unpaid charges, including freight, storage, and handling fees.

CLIENT RESPONSIBILITIES

The Client warrants that it has authority to ship Cargo and guarantees accurate description, labeling, packaging, and compliance with all applicable laws, treaties, and conventions relating to the transport of hazardous or regulated materials. The Client is responsible for ensuring Cargo is safe for transport and agrees to indemnify and hold AlphaM harmless from all claims, losses, or expenses arising from breaches of these warranties. Containers supplied by AlphaM must be returned in good condition within the prescribed timeframe, and the Client is liable for any damage, loss, or non-return of equipment.

LIMITATIONS ON LIABILITY

AlphaM’s liability is limited and governed by applicable international and local transport laws, including equivalents of COGSA, Hague/Visby Rules, Hamburg Rules, or local statutes. No other statutory provisions or laws will increase AlphaM’s liability beyond the prescribed limits. Where such laws apply, liability will be limited to the maximum amounts provided under the relevant statute or convention.

LIABILITY LIMITS

Unless otherwise declared and additional freight paid, AlphaM’s liability for loss or damage of Cargo is limited to USD $500 per package or the value of a customary freight unit for unpackaged items. For international shipments subject to Hague/Visby Rules, Australian COGSA, or New Zealand Act equivalents, liability is limited to 666.67 SDR per package or two (2) SDRs per kilogram, whichever is higher.

NOTICE OF DAMAGE

The Client must provide written notice of any damage or loss within three (3) days of delivery for visible damage and as soon as reasonably possible for latent or concealed damage. Failure to provide timely notice constitutes evidence that Cargo was delivered in the condition and quantity received by AlphaM.

TIME LIMIT FOR CLAIMS

All claims against AlphaM must be initiated within one (1) year from the date of delivery or the expected delivery date. The Client agrees to preserve any relevant time limits and indemnifies AlphaM against losses arising from failure to preserve such deadlines with respect to third-party claims.

CHOICE OF FORUM

All disputes involving shipments to or from the United States shall be exclusively litigated in courts located in [Insert Jurisdiction], with the parties waiving any objections to jurisdiction or venue. Applicable U.S. law, together with relevant transport conventions, shall govern these disputes.

ROUTE AND MODE OF TRANSPORT

AlphaM may select any route, mode of transport, and conveyance at its discretion. Delivery may be delayed due to unforeseen circumstances, and AlphaM may, in justified cases, abandon, redirect, or destroy Cargo at the Client’s risk.

SUBCONTRACTORS (“HIMALAYA CLAUSE”)

All provisions in these Terms extend to subcontractors and third-party service providers involved in Carriage, who are considered third-party beneficiaries entitled to the same protections and limitations of liability as AlphaM. This includes underlying carriers, agents, stevedores, terminal operators, and independent contractors.

CLAIMS AGAINST THIRD PARTIES

Clients shall not pursue claims against subcontractors or third parties, and AlphaM shall be fully indemnified against any loss, damage, or legal costs arising from such claims.

FREIGHT AND OTHER CHARGES

Freight charges are fully earned upon receipt of Cargo by AlphaM, whether payable in advance or upon delivery. Charges remain due even if Cargo is lost or damaged. AlphaM reserves the right to inspect Cargo and adjust freight charges in accordance with actual weight, volume, or declared value, including recovery of costs and legal fees.

LIEN

AlphaM has a lien on Cargo, related documents, or other property of the Client for unpaid charges, including freight, storage, and legal costs. AlphaM may sell Cargo or exercise liens to recover outstanding amounts, with the Client liable for any shortfall.

GENERAL AVERAGE AND SALVAGE

Clients are responsible for contributing to general average, salvage, or special charges incurred during Carriage in accordance with applicable maritime or transport rules. AlphaM may exercise liens to secure payment, and Clients must provide requested security or payments promptly.

COLLISION LIABILITY

If Cargo is damaged due to a collision involving partial negligence of AlphaM, the Client shall reimburse any contribution AlphaM must pay to third parties in accordance with general average or maritime rules.

DELAY AND CONSEQUENTIAL DAMAGE

AlphaM is not responsible for delays or consequential damages unless explicitly agreed in writing. Liability for delay is limited to the total freight charged for the affected Cargo.

DECK STOWAGE

Cargo may be stowed on deck if customary for its type. Deck stowage is at the Client’s risk unless otherwise agreed, and all applicable conventions apply as if Cargo were stowed below deck.

SPECIAL HANDLING

Special ventilation, refrigeration, or heating will be provided only if specifically contracted and paid for by the Client. The Client is responsible for inspecting and verifying equipment before loading Cargo and ensuring proper temperature settings.

SPECIFIC CARGO TYPES

AlphaM is not responsible for superficial rust, oxidation, wetness, or other normal conditions affecting steel, metal, wood, or lumber Cargo. Clients may request notation of such conditions on the bill of lading with payment of applicable fees.

FIRE

AlphaM is not liable for fire-related damage unless caused by AlphaM’s gross negligence or intentional misconduct. This provision applies to all Cargo under AlphaM’s custody, handling, or transport.

SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.