Terms & Conditions | Total Cargo Ltd

Terms of Use

This page contains the standard version of the TCL Website Terms and Conditions. Please be aware that alternative or additional terms may apply in certain jurisdictions. The Terms and Conditions governing the use of the TCL Website are set out below:

Disclaimer of Warranties

The services, content, and information available on this website are provided on an “as is” and “as available” basis.

To the maximum extent permitted by applicable law, TCL expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for

a particular purpose, and non-infringement of third-party rights.

TCL, its affiliates, and its licensors do not warrant or represent that the services, content, or information made available through the TCL website or systems are accurate, complete, secure, reliable, or up to date. No advice, information,

or materials obtained through the TCL website or systems shall create any warranty not expressly set forth in these terms and conditions.

Certain jurisdictions do not permit the exclusion or limitation of implied warranties; therefore, some of the above exclusions may not apply to you. If you are acting as a consumer, nothing in these terms shall affect any non-waivable statutory rights you may have.

You acknowledge and agree that the disclaimers, limitations of liability, and exclusions of warranties set out in these terms and conditions are reasonable and equitable.

TCL's Freight Forwarding Terms & Conditions

TCL acts solely as a freight forwarder and logistics coordinator and does not assume the role of a carrier. TCL does not undertake or guarantee specific transit times, delivery dates, or transportation routes and shall not be liable for any deviation, delay, or alteration in routing or schedule. All sailing, flight, and transport schedules are estimates only, based on information provided by carriers or service providers, and are subject to change without notice. TCL shall not be liable for any loss, damage of any kind, or shortage arising whilst the goods are not in TCL’s actual custody, possession, or control.

TCL shall not be liable for any loss, damage, or expense of whatsoever nature, whether direct, indirect, incidental, special, or consequential, caused by or arising from the acts or omissions of any third party, including carriers, subcontractors, agents, terminal operators, warehouse operators, or any other party involved in the handling or transportation of the goods, or occurring at any time when the goods are not in the TCL’s actual possession or control.

TCL shall have no liability for any loss, damage of any kind, or expense arising from any error, omission, negligence, or other act or default of the Customer or any person acting on its behalf, including but not limited to matters relating to packaging, marking, description, classification, or documentation of the goods.

TCL shall not be liable for any loss, damage of any kind, or liability caused to third parties and/or other cargo arising from the nature, condition, or characteristics of the goods where such characteristics were not fully and accurately disclosed in writing by the Customer prior to shipment. The Customer shall assume sole and absolute responsibility in such circumstances and shall indemnify, defend, and hold harmless TCL against any and all claims, liabilities, losses, damages, or expenses arising therefrom.

In any event, TCL’s liability at each stage of transportation shall be subject to and limited by the limitation of liability provisions applicable to the performing sea and/or air carrier under the Hague Rules for maritime transport and the Warsaw Convention for air transport, as applicable to the relevant mode of transportation. Notwithstanding the foregoing, where a lower limitation of liability applies in respect of specific cargo under a bill of lading issued by TCL, such lower limitation shall prevail and constitute TCL’s maximum liability.

Any claim against TCL must be made in writing, and any legal proceedings commenced, within twelve (12) months from the date of arrival of the goods at the port or place of destination, failing which all claims shall be deemed waived and absolutely time-barred

Any dispute, claim, arbitration, or legal proceedings arising out of or in connection with the services provided by the Company shall be governed exclusively by the laws of the State of Israel and shall be subject to the exclusive jurisdiction of the competent courts located in Tel Aviv, Israel.

TCL shall have a lien on the goods and any documents relating thereto for any amount due at any time to the Freight Forwarder from the Merchant in respect of any debt including freight, demurrage storage fees and the cost of recovering same, in relation to the goods or any other goods, and may enforce such lien in any reasonable manner which he may think fit.