Terms of Service - Freight Forwarding

1.1 In these Terms:

• "CLIENT" means the person or entity who accepts Tracea LTD LTD's written quotation for freight forwarding services or whose written order for services is accepted by Tracea LTD LTD.
• "CARGO" means the goods, merchandise, or items which Tracea LTD LTD is to transport, handle, or arrange for transport in accordance with these Terms.
• "TRACEA LTD" means the freight forwarding company providing logistics services.
• "CONTRACT" means the contract for the provision of freight forwarding services.
• "INCOTERMS" means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made.
• "TERMS" means these standard terms of service and includes any special terms agreed in writing between the Client and Tracea LTD LTD.

1.2 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time.

1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.

2.1 Tracea LTD LTD shall provide and the Client shall receive freight forwarding services in accordance with Tracea LTD LTD's written quotation (if accepted by the Client), or the Client's written order (if accepted by Tracea LTD LTD), subject in either case to these Terms, which shall govern the Contract to the exclusion of any other terms.

2.2 No variation to these Terms shall be binding unless agreed in writing between the authorized representatives of the Client and Tracea LTD LTD.

2.3 Tracea LTD LTD's employees or agents are not authorized to make any representations concerning the services unless confirmed by Tracea LTD LTD in writing. In entering into the Contract, the Client acknowledges that it does not rely on any such representations which are not so confirmed.

2.4 Any advice or recommendation given by Tracea LTD LTD or its employees or agents to the Client regarding the handling, storage, or transportation of cargo which is not confirmed in writing by Tracea LTD LTD is followed or acted upon entirely at the Client's own risk.

2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document issued by Tracea LTD LTD shall be subject to correction without any liability on the part of Tracea LTD LTD.

3.1 All services are subject to availability. No order submitted by the Client shall be deemed to be accepted by Tracea LTD unless and until confirmed in writing by Tracea LTD's authorized representative.

3.2 The Client shall be responsible to Tracea LTD for ensuring the accuracy of the terms of any order submitted by the Client, and for giving Tracea LTD any necessary information relating to the cargo within a sufficient time to enable Tracea LTD to perform the Contract in accordance with its terms.

3.3 The quantity, quality, and description of the cargo and any special handling requirements shall be as set out in Tracea LTD's quotation (if accepted by the Client) or the Client's order (if accepted by Tracea LTD).

3.4 The Client shall provide accurate and complete documentation including commercial invoices, packing lists, certificates of origin, and any other documents required for customs clearance and transportation.

3.5 Tracea LTD reserves the right to refuse to handle any cargo that is dangerous, illegal, or requires special permits that the Client has not obtained.

3.6 No order which has been accepted by Tracea LTD may be cancelled by the Client except with the agreement in writing of Tracea LTD and on terms that the Client shall indemnify Tracea LTD in full against all loss, costs, damages, charges and expenses incurred by Tracea LTD as a result of cancellation.

4.1 The price of the services shall be Tracea LTD's quoted price. All prices quoted are valid for 24 hours only or until earlier acceptance by the Client, after which time they may be altered by Tracea LTD without giving notice to the Client.

4.2 Tracea LTD reserves the right to modify prices at any time due to market fluctuations, fuel surcharges, currency fluctuations, changes in customs duties, port charges, or other transportation costs. Clients may request updated quotes at any time, but such quotes may be subject to change based on current market conditions.

4.3 Unless otherwise stated in Tracea LTD's written quotation, all prices are given on an ex-works basis, and where Tracea LTD agrees to provide door-to-door services, the Client shall be liable to pay Tracea LTD's charges for additional services including but not limited to customs clearance, documentation, and local delivery.

4.4 The price is exclusive of any applicable value added tax, which the Client shall be additionally liable to pay to Tracea LTD at the rate ruling at the date of service provision unless zero rated or exempt from VAT.

5.1 Payment is required after the Client confirms acceptance of Tracea LTD's quote. The Client must make full payment before Tracea LTD commences any services or makes any bookings on behalf of the Client.

5.2 If the Client fails to make payment as required, Tracea LTD may cancel the contract or suspend any further services to the Client without liability.

5.3 Tracea LTD reserves the right to charge the Client interest on any overdue amounts at the rate of 8% per annum above the European Central Bank base rate from time to time, until payment in full is made.

5.4 All payments must be made in the currency specified in the quotation and are non-refundable once services have commenced.

6.1 Tracea LTD will arrange for the transportation of cargo in accordance with the agreed terms and conditions. Tracea LTD acts as an agent in arranging transportation and is not itself a carrier unless specifically stated.

6.2 Any dates quoted for delivery or transportation are approximate only and Tracea LTD shall not be liable for any delay in delivery however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by Tracea LTD in writing.

6.3 Claims for damage, loss, or shortages must be notified in writing to the carrier and Tracea LTD within 4 days of delivery where cargo is delivered by Tracea LTD, otherwise Tracea LTD shall not be liable for cargo lost or damaged in transit.

6.4 Tracea LTD shall not be liable for delays or failures in delivery caused by circumstances beyond its reasonable control, including but not limited to weather conditions, port congestion, customs delays, strikes, or force majeure events.

6.5 The Client is responsible for ensuring that cargo is properly packed, labeled, and documented in accordance with applicable regulations and carrier requirements.

7.1 Tracea LTD's responsibility is limited to providing the quoted price and ensuring that all cargo is properly insured. Tracea LTD holds ZERO liability and no other responsibility beyond these specific obligations.

7.2 All cargo handled by Tracea LTD is covered by appropriate insurance. The Client acknowledges that Tracea LTD has fulfilled its insurance obligations by providing such coverage.

7.3 Tracea LTD has ZERO liability for any issues, problems, delays, damages, losses, or failures of any kind. Any issues must be resolved directly between the Client and the relevant logistics company, carrier, or third party.

7.4 The Client expressly agrees that Tracea LTD acts solely as an intermediary and that all claims, disputes, or issues must be directed to the actual service providers (carriers, logistics companies, customs authorities, etc.).

7.5 The Client shall indemnify Tracea LTD against all claims, damages, costs, and expenses arising from the Client's failure to comply with applicable regulations, provide accurate documentation, or properly declare the nature and value of the cargo.

8.1 Tracea LTD has ZERO liability and ZERO responsibility for any issues whatsoever. Tracea LTD's obligations are strictly limited to providing the quoted price and ensuring cargo insurance coverage. All other warranties, conditions or terms implied by statute or common law are excluded to the fullest extent permitted by law.

8.2 Tracea LTD has ZERO liability for any delays, damages, losses, or failures in transportation, customs clearance, or delivery. The Client acknowledges that Tracea LTD acts solely as an intermediary and is not responsible for the performance of carriers, customs authorities, or other third parties. ALL ISSUES MUST BE RESOLVED DIRECTLY BETWEEN THE CLIENT AND THE RELEVANT LOGISTICS COMPANY.

8.3 Tracea LTD has ZERO liability to the Client for loss of profit, business interruption, or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the provision of services.

8.4 Tracea LTD has ZERO liability under or in connection with the Contract. The Client expressly waives any right to claim against Tracea LTD for any reason whatsoever.

8.5 Tracea LTD shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Tracea LTD's obligations if the delay or failure was due to any cause beyond Tracea LTD's reasonable control, including but not limited to carrier delays, customs delays, weather conditions, port congestion, strikes, or force majeure events.

9.1 Tracea LTD has ZERO liability for any issues, problems, or disputes. The Client acknowledges and agrees that ALL issues, complaints, claims, or disputes must be resolved directly with the relevant logistics company, carrier, customs authority, or other third-party service provider.

9.2 The Client expressly waives any right to bring claims against Tracea LTD and agrees that Tracea LTD is not responsible for resolving any issues between the Client and third parties.

9.3 The Client is solely responsible for all communications, negotiations, and resolutions with logistics companies, carriers, customs authorities, and other service providers.

9.4 Tracea LTD acts solely as an intermediary and facilitator. The Client understands that Tracea LTD is not a carrier, logistics company, or customs broker and has no control over the performance of third-party services.

10.1 The Client is responsible for providing accurate and complete documentation required for customs clearance and transportation, including but not limited to commercial invoices, packing lists, certificates of origin, and any required permits or licenses.

10.2 Tracea LTD may assist with customs clearance procedures but is not responsible for delays or additional charges resulting from incomplete, inaccurate, or late documentation provided by the Client.

10.3 The Client shall be liable for all customs duties, taxes, penalties, and other charges imposed by customs authorities, whether or not such charges result from Tracea LTD's actions or omissions.

10.4 Tracea LTD reserves the right to refuse to handle cargo that may be subject to export controls, sanctions, or other regulatory restrictions.

11.1 Tracea LTD complies with applicable data protection laws including GDPR. Personal data collected is used solely for the purpose of providing freight forwarding services and will not be shared with third parties without consent, except as required for the performance of the services.

11.2 Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the business relationship.

11.3 Tracea LTD may be required to disclose information to customs authorities, carriers, or other third parties as necessary for the performance of the services or as required by law.

12.1 A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its registered office or principal place of business.

12.2 No waiver by Tracea LTD of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.

12.3 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable, the validity of the other provisions of the Contract shall not be affected.

12.4 Any dispute arising under or in connection with the Contract shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated by the Spanish Arbitration Court. The place of arbitration shall be Girona, Spain.

12.5 The Contract shall be governed by the laws of Spain, and the Client agrees to submit to the non-exclusive jurisdiction of the Spanish courts.