Terms of Service

1. Definitions

The following terms are used as described below throughout this document:

2. Scope

These General Terms and Conditions have been established to manage the expectations of all parties involved with the freight brokerage and logistics services of APL Trans for Clients. These General Terms and Conditions shall prevail over any other agreements unless a provision is found to be of peremptory norm.

APL Trans may engage Third Party Service Providers to fulfill all or part of the services requested by a Client.

3. Applicability

APL Trans shall perform its services in accordance with the Client's submitted instructions, as provided via website submission, email, or any other digitally recorded form of communication.

In the absence of a separate written agreement specifying different contractual terms, the Client — whether acting as the owner of the goods or as an agent or representative of another party — assumes full responsibility for all rights and obligations outlined in these General Terms and Conditions.

4. Payment Terms

Unless the Client receives written approval from APL Trans, all shipments are to be prepaid. Clients who have shipped with APL Trans a minimum of five (5) times may be eligible for credit terms upon review and approval.

Credit terms are not applicable on charges related to monies advanced on behalf of the Client, nor are they applicable for customs-related charges including, but not limited to, duties and taxes, clearance fees, and destination charges.

5. Pricing and Quotation

APL Trans can provide written quotations for shipments prior to booking. More customized pricing is available upon request following a thorough review of shipment data.

Any pricing or quotation provided should be considered an estimate until the completion of all services. Additional charges may arise that were not included in the original quotation due to services required to complete the shipment.

The Client bears full responsibility for all expenses or fees incurred during services, including but not limited to:

• Special equipment requirements
• Additional labor or manpower
• Driver detention charges

All rates provided to the Client are subject to change due to factors including, but not limited to:

• Fuel surcharge adjustments
• Equipment availability
• Market rate fluctuations

APL Trans will make every reasonable effort to maintain the validity of any quoted prices. A listing of standard non-discounted pricing is available at apltrans.com/non-discounted-pricing.

6. Limitation of Liability

APL Trans' liability for loss or damage to goods shall be limited to the lesser of:

• The actual declared or proven value of the goods lost or damaged; or
• $50.00 per shipment

APL Trans shall not be liable for any indirect, incidental, special, or consequential damages of any kind, including but not limited to loss of revenue, loss of profits, or loss of business opportunity, regardless of whether APL Trans has been advised of the possibility of such damages.

7. Insurance Coverage

APL Trans can arrange cargo insurance coverage upon the Client's written request. Such insurance will be subject to the terms, conditions, and exclusions of the insurance policy obtained. The cost of insurance will be charged to the Client.

It is the Client's responsibility to declare the full and accurate value of the goods when requesting insurance coverage. APL Trans assumes no liability for inadequate coverage resulting from an inaccurate declaration.

8. Indemnity

The Client agrees to indemnify, defend, and hold harmless APL Trans, its officers, employees, agents, and subcontractors from any and all claims, damages, losses, costs, and liabilities (including reasonable legal fees) arising from or related to:

• The nature, condition, packaging, or labeling of the goods
• Inaccurate, incomplete, or misleading information provided by the Client
• Any violation of applicable laws or regulations by the Client
• Any act or omission of the Client or its agents

9. Governing Law

These General Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

10. Dispute Resolution

Any disputes arising under or in connection with these General Terms and Conditions shall first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved informally within thirty (30) days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), with proceedings conducted in the State of New York.

The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

11. Severability

If any provision of these General Terms and Conditions is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable. The remaining provisions shall continue in full force and effect.

12. Entire Agreement

These General Terms and Conditions, together with any written service agreements, quotations, or confirmation documents issued by APL Trans, constitute the entire agreement between APL Trans and the Client with respect to the subject matter herein, superseding all prior agreements, representations, or understandings, whether written or oral.

13. Amendments

APL Trans reserves the right to amend these General Terms and Conditions at any time. Amendments will be effective upon notice to the Client via email or upon publication to this page at apltrans.com/terms.

Failure to acknowledge or receipt of any such notice shall not be grounds for denying the effectiveness of any amendment. Continued engagement of APL Trans services following notice of an amendment constitutes acceptance of the revised terms.

14. Force Majeure

APL Trans shall not be liable for any failure or delay in performing its obligations under these General Terms and Conditions where such failure or delay results from causes beyond its reasonable control, including but not limited to:

• Natural disasters, floods, fires, or extreme weather events
• Acts of war, terrorism, or civil unrest
• Labor disputes, strikes, or work stoppages
• Government actions, embargoes, or regulatory changes
• Pandemics, epidemics, or public health emergencies
• Infrastructure failures or supply chain disruptions beyond APL Trans' control

APL Trans will use reasonable efforts to notify the Client of any such event and to resume performance as soon as reasonably practicable.

15. Confidentiality

Both APL Trans and the Client agree to maintain the strict confidentiality of any proprietary, sensitive, or non-public information received in the course of their business relationship. Neither party shall disclose such information to any third party without the prior written consent of the disclosing party, except as required by applicable law or regulation.

This obligation of confidentiality shall survive the termination of any service engagement between the parties.

16. Notices

All notices required or permitted under these General Terms and Conditions shall be in writing and delivered via email to the designated representative of the receiving party. Notices to APL Trans should be directed to:

A notice shall be deemed received on the day it is sent, provided no delivery failure notification is received by the sender.

17. Waiver

The failure of either party to enforce any provision of these General Terms and Conditions on any occasion shall not constitute a waiver of that provision or of any other provision, nor shall it preclude that party from enforcing such provision on any future occasion.

18. Assignment

The Client may not assign, transfer, or delegate its rights or obligations under these General Terms and Conditions to any third party without the prior written consent of APL Trans. Any purported assignment without such consent shall be null and void.

APL Trans may assign its rights and obligations under these General Terms and Conditions to any successor entity or affiliate without prior notice to the Client.

19. Headings

Section headings throughout these General Terms and Conditions are included for reference and convenience purposes only and shall not affect the interpretation or construction of any provision herein.