About These Terms: These Terms of Service govern your use of LOADSTAR's designated freight forwarding services. By engaging our services, you agree to these terms. These terms are designed for B2B relationships with overseas importers and buyers who have designated LOADSTAR as their freight forwarder for shipments originating from China and other Asian markets.
These Terms of Service ("Terms") govern the relationship between LOADSTAR ("we," "us," or " Freight Forwarder") and the entity or individual receiving freight forwarding services ("you," "Customer," or "Shipper"). These Terms, together with your Shipping Instructions, Booking Confirmations, and any applicable rate quotes, constitute the entire agreement between the parties.
1.2 Service Scope
LOADSTAR operates as a designated freight forwarder specializing in B2B logistics services between China and global markets. Our services include China sourcing coordination, warehousing, international transportation, customs clearance, and US fulfillment services.
1.3 Acceptance
By submitting Shipping Instructions, authorizing a Booking, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are acting on behalf of a company, you represent that you have authority to bind that company to these Terms.
LOADSTAR provides the following freight forwarding services:
China Sourcing Coordination: Liaison with manufacturers and suppliers in China; quality control coordination; consolidation of multiple supplier shipments
China Warehousing: Receipt, storage, and management of cargo at our facilities in China; consolidation and deconsolidation services (CFS operations)
Export Processing: Export customs clearance; preparation and submission of export documentation; cargo inspection coordination
International Transportation: Sea freight (FCL/LCL); air freight; multimodal transport; booking with carriers and shipping lines
Special Transport: Handling of dangerous goods (DG); out-of-gauge (OOG) cargo; temperature-controlled shipments; project cargo
US Import Services: Import customs clearance; ISF filing; bond management; duty payment; inland transportation
US Fulfillment: Distribution center operations; last-mile delivery coordination; inventory management
Smart Replenishment: Inventory optimization and replenishment planning services
2.2 Services Not Included
Unless specifically agreed in writing, our services do not include:
Marine insurance (we can assist with placement upon request)
Value-added services at origin/destination not specified in Booking
Customs duties, taxes, and fees (unless agreed otherwise)
Storage beyond agreed periods
Demurrage, detention, or port congestion charges (unless caused by our negligence)
2.3 Service Variability
Shipment procedures, timelines, and requirements vary based on origin/destination countries, cargo type, shipping mode, and applicable regulations. We will inform you of specific requirements applicable to your shipment.
You must provide accurate and complete documentation. Required documents typically include:
Document Type
Purpose
Responsible Party
Commercial Invoice
Customs valuation, duty assessment
Shipper/Seller
Packing List
Cargo details, customs inspection
Shipper/Seller
Bill of Lading (B/L)
Contract of carriage, title document
Freight Forwarder
Certificate of Origin
Preferential duty rates, trade agreements
Shipper/Certifying Body
Shipping Instructions (SI)
Booking details, cargo specifications
Customer
Export License (if required)
Export control compliance
Shipper
4.2 Document Submission Deadlines
Critical Deadlines: Missing documentation deadlines may result in missed vessels, storage charges, or shipment delays. You must submit required documents by the deadlines specified in your Booking Confirmation or as notified by us.
Sea Freight FCL: Shipping Instructions and commercial invoice: 5 business days before vessel cutoff
Sea Freight LCL: Shipping Instructions and commercial invoice: 7 business days before vessel departure
Air Freight: Shipping Instructions and commercial invoice: 2 business days before flight departure
US Import (ISF): ISF data: 72 hours before vessel departure from origin
4.3 Accuracy & Responsibility
You are responsible for the accuracy and completeness of all documents you provide. We rely on the information in these documents for customs declarations, carrier bookings, and cargo handling. Errors or omissions may result in penalties, delays, or additional charges.
Submit export customs declarations through licensed customs brokers
Verify that export control regulations are complied with
Report suspicious activities as required by law
You must:
Provide accurate customs values, HS codes, and cargo descriptions
Disclose if cargo is subject to export restrictions, licenses, or permits
Confirm compliance with Chinese export regulations
Indicate if goods are subject to anti-dumping duties or other special tariffs
5.2 Import Compliance (USA)
For US-bound shipments, you or your designated Importer of Record (IOR) must:
Ensure accurate CBP entry documentation
Pay applicable duties, taxes, and fees
Comply with all US import regulations
Respond to customs inquiries within required timeframes
5.3 Importer Security Filing (ISF)
For sea freight imports into the USA, we will file ISF (10+2) on your behalf. You must provide:
Manufacturer (or supplier) name and address
Seller name and address
Buyer name and address
Ship-to name and address
Container stuffing location
Consolidator name and address
Importer of Record (IOR) number
Consignee number
Country of origin
HS Code (HTSUS)
ISF Penalty Warning: Failure to timely file ISF or provide accurate ISF data may result in penalties of up to $5,000 per violation. You are responsible for the accuracy of ISF data.
5.4 Prohibited & Restricted Cargo
You must not tender for shipment any cargo that is:
Prohibited by law, regulation, or international convention
Classified as dangerous goods without proper declaration and packaging
Subject to trade sanctions or export controls without proper authorization
Falsely described on any documentation
Of a nature likely to damage other cargo or equipment
Incoterms 2020: The responsibilities of LOADSTAR and the Customer vary depending on the applicable Incoterms. We can operate under various Incoterms to meet your logistics requirements.
6.1 Incoterms Overview by Shipping Mode
Sea Freight (FCL/LCL)
Incoterm
LOADSTAR's Typical Role
Key Responsibilities
EXW (Ex Works)
Arranges all logistics from factory
Arrange pickup at factory, all transport, customs clearance
FOB (Free on Board)
Arranges from port of loading
Arrange export haulage, export customs, ocean freight, delivery to destination port
To arrange shipment, you must submit complete Shipping Instructions including:
Cargo description, quantity, weight, and dimensions
HS codes for customs purposes
Pickup address and delivery address
Required delivery date or ship-by date
Special handling requirements
Applicable Incoterms
7.2 Space Availability
Bookings are subject to carrier space availability. We will confirm booking acceptance upon receipt of confirmed space from carriers. If space is unavailable:
We will propose alternative vessels or routing
Schedule changes may affect delivery timeframes
Additional freight charges may apply for premium space
7.3 Schedule Changes
Vessel schedules are subject to change due to:
Carrier schedule adjustments
Port congestion or closures
Weather conditions
Operational factors
We will notify you of significant schedule changes as soon as practicable. Schedule changes do not constitute breach of these Terms.
7.4 Cargo Readiness
You must ensure cargo is:
Properly packaged for international transport
Labeled with shipping marks and numbers
Ready for pickup by the date specified
Compliant with carrier requirements
If cargo is not ready and results in missed booking, you will be responsible for rebooking charges and any resulting costs.
Standard Storage: Complimentary storage periods vary by facility and service type. Please refer to your Booking Confirmation or rate quote for specific terms.
Free Storage Period: 14 days from cargo receipt
Storage After Free Period: Storage fees will be charged per cubic meter or per kilogram per month
Long-Term Storage: Cargo stored beyond 90 days may be subject to additional fees or disposal procedures
8.3 Cargo Condition
Upon receipt at warehouse:
We will note visible damage or discrepancies on delivery receipt
Customer should inspect cargo within 3 business days
Claims for concealed damage must be reported within 7 days of discovery
8.4 Consolidation Services
For LCL shipments, we combine cargo from multiple shippers into single containers. In consolidation:
Each shipper receives a House Bill of Lading
We act as the Consolidator
Our liability may differ when acting as Consolidator vs. Freight Forwarder
Deconsolidation occurs at destination CFS facilities
Complete DG declaration including UN number, class, packing group
DG competent person (DGP) acceptance confirmation
Compliance with IMDG Code, IATA DGR, or applicable regulations
Valid Dangerous Goods Shipping Declaration
DG Surcharges: Dangerous goods shipments are subject to additional handling fees and carrier surcharges. Rates vary by UN classification, packing type, and route.
Important: Our liability is limited as set forth in this section. We strongly recommend obtaining adequate cargo insurance for all shipments.
12.1 Role-Based Liability
LOADSTAR may act in different capacities, and liability terms vary accordingly:
As Freight Forwarder (Agent)
When arranging transportation without assuming carrier liability:
We are liable for losses caused by our negligence or breach of duty
Our liability is limited to 2 SDR per kg or USD 100,000 (whichever is lower; confirm in your Booking Confirmation) per shipment
We are not liable for carrier or third-party actions beyond our control
As Multimodal Transport Operator (MTO)
When issuing a Multimodal Transport Document (MTD):
We assume liability for the entire transport chain
Liability limits may follow international conventions (Hague-Visby, Montreal Convention)
Different limits may apply per convention leg
As Consolidator
For LCL consolidations:
We assume liability as outlined in our House B/L terms
Liability limited per cubic meter or kilogram of affected cargo
Rights of contribution from underlying carriers preserved
12.2 Standard Liability Limitations
Subject to applicable law, our liability for any claim is limited to:
Liability Type
Standard Limitation
Cargo Loss or Damage
2 SDR per kg or USD 100,000 per shipment (whichever is lower)
Delay (Consequential)
Freight charges for affected shipment
Misdelivery
Documented direct losses, subject to cargo limits
Documentation Errors
Cost to correct, not exceeding cargo value
12.3 Liability Exclusions
We are NOT liable for losses arising from:
Acts of God, weather, natural disasters
War, terrorism, piracy, civil unrest
Government actions, seizures, embargoes
Strikes, labor disputes, lockouts
Inherent vice, nature of goods
Insufficient or defective packaging
Hidden defects not observable upon reasonable inspection
Civil authority actions, port congestion
Compliance with laws or regulations
Customer instructions causing deviation from standard procedures
12.4 Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
Loss of profits, sales, or business opportunities
Cost of substitute services
Business interruption losses
Reputational damage
12.5 Carrier Liability
When we engage carriers:
Carriers operate under their own terms and liability limits
International conventions may govern (Hague-Visby Rules, Montreal Convention)
We will assist in filing claims against carriers upon request
Cargo Insurance Strongly Recommended: Standard freight forwarding liability limits may not cover the full value of your cargo. We strongly recommend obtaining appropriate cargo insurance for all shipments.
13.1 Insurance Options
You may obtain cargo insurance through:
Marine Cargo Insurance: Standard coverage for loss/damage during transport
All Risk Coverage: Comprehensive coverage excluding specified perils
Named Perils Coverage: Coverage for specified risks only
Carrier's Liability Insurance: May be included but limited
13.2 Insurance Placement Assistance
We can assist with insurance placement:
Provide cargo details and values to insurers
Coordinate insurance certificates and documentation
Assist with claims documentation
Insurance fees are quoted separately unless agreed otherwise.
13.3 Claim Coordination
If cargo loss or damage occurs:
Note damage on delivery receipt before signing
Report concealed damage within 7 days
Preserve original packaging for inspection
Provide claim documentation as required by insurer
We will notify you as soon as reasonably practicable
We will use reasonable efforts to mitigate effects
We will resume performance when Force Majeure ends
Extraordinary costs during Force Majeure may be passed through
14.3 Extended Force Majeure
If Force Majeure continues beyond 60 days, either party may terminate affected shipments without liability, except for payment for services rendered and return of cargo.
These Terms, together with Booking Confirmations and rate quotes, constitute the entire agreement. No prior representations or agreements modify these Terms unless in writing and signed by both parties.
20.2 Amendments
We may modify these Terms upon 30 days written notice. Changes apply to new bookings after the notice period. Continued use of services constitutes acceptance.
20.3 Severability
If any provision is found unenforceable, the remaining provisions continue in effect.
20.4 Waiver
Failure to enforce any provision is not a waiver of future enforcement.
20.5 Assignment
You may not assign these Terms without our written consent. We may assign to affiliates or successors.
20.6 Independent Contractors
The parties are independent contractors. Nothing creates partnership, joint venture, or agency relationship.
20.7 Notices
Notices under these Terms must be in writing and delivered to contact information on file. Notices are effective upon receipt.
20.8 Counterparts
These Terms may be executed in counterparts, including electronic signatures.
20.9 Headings
Section headings are for convenience only and do not affect interpretation.