Service Terms & Conditions

Vonova Logistics LLC

Effective Date: [2021-05-31]

These Terms and Conditions of Service (“Terms”) govern all freight forwarding, transportation brokerage, NVOCC, warehousing, customs agency, consulting, and supply chain services (“Services”) provided by Vonova Logistics LLC (“Vonova”, “we”, “our”, or “us”). By requesting or receiving Services, the customer (“Client”, “Shipper”, “Consignee”, or “Customer”) agrees to be legally bound by these Terms.

1. Application of Terms

These Terms apply to all transactions between Vonova and the Customer, including those initiated via website, phone, email, or written agreement or other means. Any additional or conflicting terms proposed by the Customer shall be void unless expressly accepted by Vonova in writing.

2. Role and Legal Status of Vonova

Vonova may act in one or more of the following capacities:

Freight Forwarder or NVOCC (licensed by the U.S. FMC)
Property Broker (licensed by the FMCSA)
3PL Logistics Provider
Warehousing Provider (non-asset-based)
Customs Agent (acting through duly licensed customs brokers/partners)

Unless otherwise agreed in writing, Vonova acts as an agent, not a carrier, warehouse operator, or licensed customs broker. All services are performed either directly or through vetted and licensed third-party service providers.

3. Customer Obligations

The Customer agrees to:

Provide accurate, complete, and lawful information regarding all shipments or stored goods, including commodity descriptions, weights, dimensions, value, and any hazardous material declarations.
Comply with all applicable U.S. and international regulations, including trade, import/export, customs, and documentation requirements.
Indemnify Vonova and its agents against any claims, penalties, or liabilities arising from inaccuracies, misclassification, incomplete paperwork, or violations of law.

4. Quotations & Charges

All rates are non-binding estimates unless explicitly confirmed in writing.

Quotes may be adjusted based on:

Actual shipment/stored goods characteristics
Fuel surcharges, accessorial charges
Container detention, demurrage, or handling fees
Government-imposed fees, port or warehouse surcharges
Labor, repackaging, or value-added services

Vonova reserves the right to revise pricing or decline service if actual shipment or storage details deviate from the original booking.

5. Limitation of Liability

Vonova’s liability is limited to the lesser of actual loss or the following amounts (unless otherwise agreed in writing):

Domestic Trucking ; $0.50/lb, max $500 per shipment (Carmack or carrier terms apply)
International Air ; Montreal Convention
Ocean Freight (NVOCC) ; (Hague-Visby Rules)
Customs Agency ; No liability unless caused by Vonova’s gross negligence; capped at service fee
Warehousing (3rd Party) ; $0.50/lb or $50/item or $500 per location unless otherwise agreed
Consulting/Brokerage ; No liability

SDR = Special Drawing Rights (IMF).

Vonova is not liable for indirect, consequential, or special damages, including lost profits, business interruption, or delay penalties. Unless otherwise agreed in writing, Vonova acts as an agent, not a carrier, warehouse operator, or licensed customs broker. All services are performed either directly or through vetted and licensed third-party service providers.

6. Warehousing Services

Vonova arranges warehousing through independent, third-party operators. Vonova does not own or operate physical storage facilities.

The Customer agrees that:

All warehousing is subject to the terms and conditions of the third-party warehouse operator, unless otherwise agreed upon.
Vonova’s role is limited to coordination unless otherwise agreed in writing.
Goods remain at the Customer’s risk during storage unless separate insurance is arranged and confirmed in writing.
Vonova is not liable for damage, misplacement, or delay resulting from acts or omissions of the warehouse operator.
Access to goods may be restricted until all charges are settled.

7. Customs Services

Vonova offers customs clearance support through duly licensed customs brokers and/or third-party agents.

The Customer acknowledges that:

Vonova itself is not a licensed customs broker.
Customs entries, classification, valuation, and compliance tasks are conducted by authorized partners under U.S. law.
The Customer or specific party advised by customer remains the Importer or Exporter of Record, unless otherwise agreed in writing.
Vonova is not liable for delays, fines, seizures, penalties, or inspection outcomes unless caused by Vonova’s documented gross negligence.
The Customer is responsible for providing complete and accurate data, and for all duties, taxes, and compliance-related costs.

8. Hazardous Materials (HAZMAT)

8.1 General Compliance

The Customer shall not tender hazardous materials for transportation, warehousing, or any other service unless:

Vonova has been notified in writing in advance, and
Vonova has agreed in writing to handle such materials, and
The shipment is properly declared, packaged, labeled, and documented in full compliance with all applicable laws and regulations.

Applicable regulations include, but are not limited to:

U.S. Department of Transportation Hazardous Materials Regulations (49 CFR §§ 100–185)
International Maritime Dangerous Goods (IMDG) Code
International Air Transport Association (IATA) Dangerous Goods Regulations
Transportation of Dangerous Goods (TDG) Act (Canada, if applicable)
U.S. Environmental Protection Agency (EPA) and other local/state hazardous waste or material handling laws

8.2 Customer Responsibilities

The Customer is fully responsible for:

Proper classification, description, labeling, and packaging of all hazardous materials
Providing all required documentation, including Shipping Papers, SDS, Emergency Contact Info, and Declarations of Dangerous Goods
Ensuring compliance with carrier acceptance requirements for HAZMAT
Confirming that containers/packaging are DOT/UN approved and in suitable condition

Vonova assumes no liability for incorrect classification, improper packaging, or failure to disclose hazardous contents.

8.3 Carrier and Facility Restrictions

Vonova reserves the right to reject, delay, reclassify, or return any hazardous material shipment if:

The shipment is deemed unsafe, improperly packaged, mislabeled, or not in compliance
Carriers or warehouse partners do not accept the material type
Required documentation is missing or incomplete

The Customer agrees to pay all additional charges, fines, disposal costs, cleanup fees, or penalties incurred due to non-compliance.

8.4 Indemnity

The Customer shall indemnify and hold harmless Vonova, its carriers, agents, warehouse providers, and subcontractors from any:

Claims, fines, penalties, personal injury, environmental liability, or property damage
Arising from the transportation, storage, handling, or misdeclaration of hazardous materials

8.5 HAZMAT Insurance

Hazardous materials are not covered by default insurance. The Customer must request specific HAZMAT coverage in writing. Coverage is not effective until confirmed in writing by Vonova.

9. Insurance

Vonova does not provide automatic cargo or other insurance coverage for transportation or warehousing. Additional Insurance beyond that of the carrier/warehouse standard limited liability will only be arranged:

Upon written request
Subject to written confirmation by Vonova
After payment of applicable premiums

Insurance policies are subject to insurer terms and may exclude certain events, commodities, or routes.

10. Claims

All claims must be submitted in writing:

Visible Loss or Damage: Within 7 days of delivery
Concealed Loss or Damage: Within 15 days
Non-Delivery / Overcharges: Within 30 days

Claims filed outside these windows may be denied. Filing a claim does not suspend payment obligations.

11. Force Majeure

Vonova is not liable for delays or failure to perform due to events beyond its control, including but not limited to:

Natural disasters
Civil unrest, war, embargoes
Labor disruptions
Port congestion, terminal closures
Cyberattacks or IT system failures
Regulatory changes, pandemics, or public health crises

12. Payment Terms

Payment is due Net 30 from invoice date.
Late payments are subject to 1.5% monthly interest (18% per annum).
Vonova retains a general and specific lien on all goods, documents, and proceeds for unpaid charges.
Vonova may withhold delivery, dispose of goods, or pursue legal recovery for outstanding balances.

13. Indemnification

The Customer agrees to indemnify and hold harmless Vonova, its affiliates, subcontractors, and partners from any claims, liabilities, penalties, damages, or costs (including legal fees) resulting from:

Breach of these Terms
Inaccurate or fraudulent documentation
Regulatory violations
Improper packaging, handling, or hazardous declarations
Third-party claims relating to cargo

14. Governing Law & Jurisdiction

These Terms shall be governed by the laws of the State of North Carolina, without regard to conflict-of-law principles.

Any dispute shall be resolved exclusively in the state or federal courts located in Charlotte, North Carolina.

15. Entire Agreement

These Terms represent the full agreement between Vonova and the Customer unless a separately signed contract is in place. No verbal modifications shall be binding. Any waiver must be in writing and signed by both parties.

16. Modifications

Vonova reserves the right to update these Terms at any time. Updates take effect upon posting to www.vonovalogistics.com. Continued use of our Services constitutes acceptance of the revised Terms.

17. Contact Information