Company name (trade name): Cargo Polaris (“Cargo Polaris”, “we”, “us”, or “our”)
Addresses: Miami, Florida, USA; and 640 Johnson Ave #3, Bohemia, New York, USA
1. Acceptance of Terms
By accessing or using the Cargo Polaris website, booking services, or otherwise engaging our logistics, freight, transportation, customs, or fulfillment services (collectively, the “Services”), you accept and agree to be bound by these Terms & Conditions (the “Terms”). If you are entering these Terms on behalf of an entity, you represent that you have authority to bind that entity. These Terms constitute the entire agreement between you and Cargo Polaris regarding the Services and supersede all prior proposals or agreements, whether written or oral.
2. Scope of Services and Carriage
Cargo Polaris provides freight forwarding, parcel and express delivery, air and ocean freight, ground transportation, customs brokerage, warehousing, fulfillment, and related logistics services as described on our website and service documentation. Unless expressly stated otherwise, Cargo Polaris acts as a contracted logistics provider, freight broker, or forwarder and may arrange carriage or services through third-party carriers, agents, or service providers. We do not assume, and are not responsible for, the terms, liabilities, or tariffs of third-party carriers beyond what is expressly agreed in a written contract between you and Cargo Polaris.
3. Definitions
“Customer” means any person or entity that requests, schedules, books, pays for, or uses the Services. “Shipment” means the cargo, goods, or parcel tendered to Cargo Polaris or to a carrier arranged by Cargo Polaris. “Contract” means the agreement created when Cargo Polaris accepts a booking or otherwise confirms the provision of Services for a Shipment.
4. Quotations, Rates & Payment
a. Quotes and rates provided by Cargo Polaris are valid for the period stated in the quote. All charges are due according to the invoice terms.
b. Unless otherwise agreed in writing, Customer is responsible for all charges, fees, taxes, duties, and other costs associated with the Shipment, including but not limited to fuel surcharges, accessorial fees, customs duties, inspection fees, storage, and demurrage.
c. Cargo Polaris may require prepayment, deposits, and/or credit approval. We reserve the right to suspend Services or refuse shipments for Customers with overdue accounts.
d. Cargo Polaris may invoice for Services rendered and applicable third-party charges; Customer shall pay all undisputed invoices within the stated payment terms. Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
5. Bookings, Pickup, Packaging & Documentation
a. Customer must provide accurate, complete, and timely information (including correct weight, dimensions, description of goods, value, commodity codes/HS codes, and special handling instructions). Cargo Polaris relies on this information for routing, customs filings, and rate calculations.
b. Customer is responsible for packing, marking, labeling, and securing all Shipments in a manner adequate to withstand ordinary transportation and handling. Cargo Polaris may refuse or re-pack Shipments at Customer’s expense if packaging is inadequate.
c. Customer must provide all documentation required by law or carriers, including commercial invoices, export licenses, certificates of origin, and any documents necessary for customs clearance.
6. Prohibited and Restricted Items
Customer warrants that Shipments do not contain prohibited or illegal items. Customer is solely responsible for identifying restricted or regulated commodities and obtaining any required authorizations, licenses, permits, or special handling instructions. Cargo Polaris may refuse to accept or may immediately return or destroy any Shipment that contains prohibited items, at Customer’s sole risk and expense.
7. Customs, Duties & Clearance
Cargo Polaris may provide customs brokerage services where offered. Customer authorizes Cargo Polaris to act as your agent for customs clearance and to incur customs duties, taxes, and fees on your behalf where necessary. Customer is responsible for the accuracy of all customs-related information and for payment of duties, taxes, penalties, and related expenses. Cargo Polaris will not be liable for delays, fines, penalties, or losses resulting from inaccurate or incomplete customs information provided by Customer.
8. Delivery, Transit Times & Performance
Delivery dates and transit times provided by Cargo Polaris or third-party carriers are estimates only and are not guaranteed unless expressly stated in a separate written service contract. Time is not of the essence unless specifically agreed in writing. Cargo Polaris will use commercially reasonable efforts to meet schedules but shall not be liable for delays caused by carriers, customs authorities, weather, acts of God, or circumstances outside our reasonable control.
9. Insurance & Loss Risk
a. Unless otherwise agreed in writing, Customer bears the risk of loss or damage to Shipments from the time the Shipment is tendered to the carrier (or to Cargo Polaris, where Cargo Polaris takes physical custody) until delivered to the consignee.
b. Cargo Polaris recommends Customers obtain cargo insurance to cover loss or damage, and Cargo Polaris can assist in arranging insurance at Customer’s request for an additional fee. Any insurance arranged by Cargo Polaris will be subject to the insurer’s terms and conditions and may exclude certain perils.
10. Claims, Time Limits & Documentation
a. All claims for loss, damage, or delay must be made in writing and submitted to Cargo Polaris within the time periods required by the applicable carrier’s terms or within 30 days from delivery for concealed loss/damage, or 9 months from the date of delivery or date the Shipment should have been delivered, whichever applies. Failure to provide timely notice may bar recovery.
b. Customer must preserve the packaging and make the Shipment available for inspection by Cargo Polaris or the carrier. Cargo Polaris may require proof of value, purchase invoices, and other documentation to support any claim. Cargo Polaris’s handling of claims is subject to the underlying carrier’s rules, tariffs, or bills of lading.
11. Limitation of Liability
To the fullest extent permitted by law, Cargo Polaris’s liability for loss, damage, or delay in respect of any Shipment is limited to the lesser of: (a) the actual documented loss or damage; (b) the amount recoverable under any applicable carrier’s tariff, bill of lading, or international convention; or (c) USD 100 per shipment (or such higher amount as may be expressly agreed in writing in advance and for which additional charges may apply). Under no circumstances shall Cargo Polaris be liable for consequential, incidental, special, punitive, or lost-profit damages. These limits apply regardless of the cause of loss, whether in contract, tort (including negligence), or otherwise. This limitation mirrors industry practice and is consistent with published carrier tariffs.
12. Indemnification
Customer shall indemnify, defend, and hold Cargo Polaris and its officers, employees, affiliates, agents, and contractors harmless from and against all claims, liabilities, losses, fines, penalties, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) Customer’s breach of these Terms; (b) false, inaccurate, or incomplete information provided by Customer; (c) the nature, value, or classification of the Shipment; or (d) any act or omission of Customer or its agents.
13. Third-Party Carriers and Service Providers
Cargo Polaris may arrange for transportation and related services to be performed by third-party carriers, terminals, customs authorities, or other service providers (each a “Third-Party Provider”). The terms and limits of liability of such Third-Party Providers (including bills of lading, airwaybills, tariffs, or other agreements) shall apply to the Shipment and govern claims and liability to the extent applicable. Cargo Polaris is not responsible for Third-Party Provider insolvency or failure to perform.
14. Intellectual Property
All content on the Cargo Polaris website (including text, graphics, logos, icons, images, and software) is owned or licensed by Cargo Polaris and protected by intellectual property laws. Customer agrees not to copy, reproduce, or use Cargo Polaris trademarks or copyrighted content without prior written permission.
15. Privacy, Data & Electronic Communications
Cargo Polaris collects and processes personal data in accordance with our Privacy Policy. By using our Services, you consent to our collection and processing of data, including cross-border transfers where necessary for service delivery and legal compliance. Cargo Polaris may use electronic records and signatures to the extent permitted by law.
16. Suspension & Refusal of Service
We reserve the right, in our sole discretion, to refuse or suspend service, cancel bookings, or return shipments for any reason, including but not limited to unsafe or unlawful goods, inadequate packaging, nonpayment, sanctions restrictions, or suspected fraud.
17. Force Majeure
Cargo Polaris will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, strikes, wars, civil unrest, natural disasters, terrorism, pandemics, government actions, and carrier failures. In such events we will use reasonable efforts to mitigate the impact and notify affected Customers promptly.
18. Governing Law, Disputes & Arbitration
These Terms are governed by and construed in accordance with the laws of the State of Florida, USA, without regard to conflict of law principles. Except where prohibited by applicable law, any dispute arising out of or related to these Terms or the Services shall be resolved by binding arbitration administered by an established arbitration provider under its commercial arbitration rules. The arbitration will be held in Miami-Dade County, Florida unless both parties agree otherwise. If a Customer is a consumer and arbitration is unenforceable, Customer’s statutory rights will apply. This clause does not preclude either party from seeking provisional or injunctive relief in a court of competent jurisdiction.
19. Severability & Waiver
If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full force. Failure or delay by Cargo Polaris in enforcing any right will not constitute a waiver of such right.
20. Changes to Terms
Cargo Polaris may revise these Terms at any time. We will post the updated Terms on our website with the “Effective Date.” Continued use of the Services after such posting constitutes acceptance of the updated Terms.
21. Notices
All legal notices to Cargo Polaris must be sent to: Cargo Polaris, Attn: Legal, Miami, Florida, USA; or to 640 Johnson Ave #3, Bohemia, NY 11716. Notices may also be delivered to legal@cargopolaris.com where acceptable by law.
22. Contact & Customer Service
For booking support, billing questions, or general customer service, contact: support@cargopolaris.com. For claims and damage inquiries: claims@cargopolaris.com. For legal notices: legal@cargopolaris.com.