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.

Without derogating from the aforesaid, TCL’s liability, with respect to all services and at each stage of transportation shall be limited and not exceed the lesser of: (1) The freight payable to TCL under TCL's specific quotation; (2) limits of liability according to terms & conditions of TCL's Bill of Lading (issued by TCL); (3) 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.

Unless notice of loss or damage and the general nature thereof is given in writing by the Client to TCL or its agents at the time of delivery in the case of apparent loss or damage, or within three (3) consecutive days following delivery in the case of non-apparent (concealed) loss or damage, such delivery (or non-delivery, as applicable) shall constitute prima facie evidence that the goods were delivered in good order and condition and/or that no loss or damage occurred while the goods were in the care, custody or control of TCL or any of its subcontractors.

Such notice shall be a condition precedent to any claim against TCL.

Any claim against TCL shall be submitted in writing and shall include full particulars of the alleged loss or damage, including invoices, packing lists, survey reports and any other supporting documentation reasonably required by TCL. TCL shall have no obligation to investigate or respond to any claim that is not properly substantiated.

Any claim against TCL, and any legal proceedings commenced in respect thereof, shall be time-barred unless brought within twelve (12) months from the earlier of: (i) the date of delivery of the goods; or (ii) the date on which the goods should have been delivered. Time shall be of the essence, and upon expiry of such period TCL shall be fully and finally discharged from all liability whatsoever, whether in contract, tort, bailment or otherwise.

In any event, TCL shall not be liable for any indirect, consequential or special loss or damage, including but not limited to loss of profit, loss of market, loss of customers or business interruption, arising out of or in connection with the services provided.

TCL contracts as agent and/or freight forwarder only and does not undertake carriage of goods itself. All carriage, storage and handling services may be performed by independent third-party contractors and subcontractors.

All subcontractors, carriers, terminal operators and other third parties engaged in the performance of the services shall have the benefit of all exclusions, limitations and defenses available to TCL under this contract, including but not limited to the limitation of liability and time bar provisions (Himalaya Clause).

To the extent TCL is found liable in any capacity, its liability shall in any event not exceed the limitation amounts available to the actual carrier or subcontractor who performed the relevant leg of the transport, and TCL shall be entitled to rely on all defences and limitations available to such parties.

TCL shall have a lien and can hold on the goods and any documents relating thereto for any amount due at any time to TCL 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.

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