Dated: January 14, 2026
Amazon Global Logistics Freight (the “AGL Freight Program”) encompasses the services required to ship your Cargo from Origin to Destination using any mode of transportation you select from the available options (e.g., air, ocean, rail, or road, and any combination). The AGL Freight Program also includes any warehousing or storage, handling, consolidation, palletization, labelling, booking, customs clearance services, and related logistics services, if any, provided by us between Origin and Destination.
These AGL Freight Service Terms are part of the Agreement, and unless specifically provided otherwise, concern and apply only to your participation in the AGL Freight Program. For purposes of these AGL Freight Service Terms, Our Site includes https://www.agl.amazon.com/freight (and any successor or related site designated by us that references these AGL Freight Service Terms).
For the purposes of these AGL Freight Service Terms, “you” refers to the user of the AGL Freight Program through Our Site as well as any affiliate or entity you use, including any importer, exporter, or shipper. You agree that Amazon may engage its Affiliate(s) or entities it uses to provide related logistics services for Cargo shipped under the AGL Freight Program, including Beijing Century Joyo Courier Co., Limited, a Chinese company (“BCJ”). For China origin, domestic, and international outbound Services, “us” or “we” will mean BCJ. For international ocean carriage originating in China, “us” or “we” will mean BCJ.
BY USING THE AGL FREIGHT PROGRAM, YOU (ON YOUR BEHALF OR FOR THE BUSINESS YOU REPRESENT) ACCEPT THE TERMS OF THESE AGL FREIGHT TERMS, AND ANY TARIFFS, BOOKING ORDERS, OR BILLS OF LADING THAT MAY APPLY TO CARGO TRANSPORTED THROUGH THE AGL FREIGHT PROGRAM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THE AGREEMENT, INCLUDING THESE AGL FREIGHT TERMS, ANY TARIFFS, ANY BOOKING ORDERS, AND ANY BILLS OF LADING, DO NOT USE THE AGL FREIGHT PROGRAM.
1 Scope of AGL Freight Program and Responsibilities of the Parties
1.1 When using the AGL Freight Program, you must comply with these AGL Freight Service Terms, the Agreement, and any Bills of Lading, including our requirements for tendering Cargo, the carrier’s shipping requirements, and all legal and regulatory requirements at Origin and Destination.
1.2 You are responsible for all costs to ship your Cargo using the AGL Freight Program, including freight charges for ocean carriage and domestic transshipment as applicable, insurance, export, customs, duties, taxes, and any other fees and charges, regardless of the source. Our rules tariff can be accessed at https://dpiusa.com. BCJ’s standard form bill of lading terms and conditions are available at https://supplychain.amazon.com/docs/agl-bill-of-lading (the “Standard Bill of Lading Terms and Conditions”). The Standard Bill of Lading Terms and Conditions may be updated by BCJ from time to time. The terms and conditions on the Bill of Lading issued for your Booking Order will prevail over the Standard Bill of Lading Terms and Conditions.
1.3 We may decline to ship any Cargo for any reason, including, without limitation, because we discover that it (a) is not accurately described in the Booking Order or applicable customs documentation, or (b) includes Dangerous Goods, or (c) other goods prone to causing damage to shipping equipment or other goods. We may also decline to ship Cargo if your account is inactive for any reason after the Cargo has been tendered.
1.4 Title for Cargo is transferred, if at all, under the Bill of Lading. We assume risk of loss for Cargo transported through the AGL Freight Program only from receipt at Origin until delivery at Destination.
1.5 You authorize each carrier or customs broker to provide us with any shipment related information, including tracking information.
1.6 These AGL Freight Service Terms, any Tariffs, any Booking Orders, and any Bills of Lading issued by us or the carriers are a part of these AGL Freight Service Terms and may provide additional and different terms for specific modes of transportation, Eligible Countries, tasks, or shipments.
1.7 This order of precedence applies to any conflict among terms in the different parts of these AGL Freight Service Terms and related documents: (a) these AGL Freight Service Terms, (b) the Agreement; (c) any Amazon-issued Bill of Lading; (d) any Amazon Tariff; (e) any third party-issued Bill of Lading; and (f) any third party Tariff.
2 Booking Orders and Preparing Shipments
2.1 You select the mode of transportation for Cargo when you complete a Booking Order. We may accept or decline a Booking Order for any reason. Once we confirm our acceptance, the Booking Order becomes a part of these AGL Freight Service Terms.
2.2 For shipments by sea during non-peak season, you must submit the Booking Order to us at least ten (10) days prior to the anticipated loading of Cargo. For shipments by sea during peak season, you must submit the Booking Order to us at least fourteen (14) days prior to the anticipated loading of Cargo. Peak season for shipments by sea is defined as from June 1 to October 31 and one month prior to the official Chinese New Year each year.
2.3 For shipments by air during non-peak season, you must submit the Booking Order to us at least three (3) days prior to the flight departure. For shipments by air during peak season, you must submit the Booking Order to us at least seven (7) days prior to the flight departure. Peak season for shipments by air is defined as from September 1 to November 30 each year.
2.4 You may request to cancel or change any accepted Booking Order (e.g., change Origin or Destination, transit port, or shipping method) by notifying us through Our Site or other means specified by us. We will use commercially reasonable efforts to accommodate requested cancellations or changes, but we reserve the right to accept or decline a request to cancel or change for any reason. For shipments by sea, we will not accept any request to change the Booking Order (including a request to renegotiate the shipping price or any fees) submitted less than three (3) days before the anticipated loading date. For shipments by air, we will not accept any request to change the Booking Order (including a request to renegotiate the shipping price or any fees) submitted less than two (2) days before the scheduled flight departure.
2.5 We will confirm whether we can accommodate any Booking Order cancellation or change request within a reasonable time. Your failure to provide timely requests to cancel or change a shipment may prevent us from filling contracted capacity and may impact our efficient management of our logistics network, including coordinating downstream bookings with third-parties. Therefore, unless you request to cancel or change your Booking Order according to the program policies provided on Our Site or through other approved channels, we may charge you liquidated damages in the form of a cancellation fee. No cancellation or change is effective until we provide written confirmation of the cancellation or change and you pay all applicable fees (including cancellation fees). You are responsible for any fees or other consequences resulting from cancelling or changing a Booking Order. The requirements for timely notice of cancellation or change and the standard for calculating cancellation fees can be accessed on Our Site or through channels that we may otherwise notify you of (including without limitation, emails).
2.6 If we are unable to load your Cargo due to issues with the carrier or any of our subcontractors, we will use commercially reasonable efforts to timely notify you and assist in arranging alternate services.
2.7 You must timely notify us of the Origin and Destination and your desired door-to-door packing, pick-up and/or delivery time(s), and location determined based on the date of loading. You will timely provide us with any other delivery information we reasonably request.
2.8 For shipments by sea, you will ensure that you make the Cargo ready for delivery to us at least seven (7) days prior to the anticipated loading date. For shipments by air, you will ensure that you make the Cargo ready for delivery to us at least three (3) days prior to the scheduled flight departure.
2.9 You are responsible for preparing your Cargo in accordance with our guidelines. You will be responsible for any costs we incur as a result of additional measures we undertake to ensure that your Cargo is properly packaged.
3 Special Cargo, Dangerous Goods, and Sealed Shipments
3.1 Except as provided in Section 3.3, you must not, and will ensure that the exporter of record (“EOR”) does not, use the AGL Freight Program to transport Special Cargo or Dangerous Goods unless we provide written approval in advance.
3.2 To request approval to ship Special Cargo or Dangerous Goods, you must provide a written request through Our Site or other means specified by us that conspicuously and accurately describes the labeling, packaging, nature, quantity, and size of the goods, the preventive measures you employ to minimize associated risks, and any special requirements for loading, unloading, handling, and shipping.
3.3 We may accept the following types of Dangerous Goods if you provide all the documents we reasonably require for the applicable type of Dangerous Goods:
UN3481, PI966, Section 2: lithium-ion batteries packed with equipment;
UN3481, PI967, Section 2: lithium-ion batteries in equipment;
UN3091, PI969, Section 2: lithium metal batteries packed with equipment; and
UN3091, PI970, Section 2: lithium metal batteries in equipment.
3.4 We reserve the right to destroy or otherwise dispose of any Dangerous Goods that are within the AGL Freight Program and not disclosed or approved according to the procedures outlined in Sections 3.1, 3.2, and 3.3. Additionally, you agree to indemnify us for any and all costs associated with harm caused by undisclosed Special Cargo or Dangerous Goods, including but not limited to damage to equipment, vessels, other cargo, or other property, and harm caused to any persons, and any liabilities associated with any additional harm.
3.5 If you load and seal Cargo in a container, package, trailer, or other means of transportation or handling (a “Sealed Shipment”), and we cannot count or weigh the Cargo being loaded and the seal is intact upon delivery, we will not be liable for shortages or any damage to the Cargo unless proximately caused by our independent action. We will also have no liability if (i) the seal of a Sealed Shipment is broken at the direction and under the supervision of an agent of a governmental body, or (ii) a Sealed Shipment is preloaded and the adequacy of loading or count of such Sealed Shipment is not practical by our representative.
3.6 We may break the seal on a Sealed Shipment if we determine that it is reasonably necessary to do so to inspect, reposition, or protect the Cargo or our equipment or to comply with applicable Law.
3.7 Neither you nor any consignee or recipient may refuse delivery of Cargo solely because the seal on a Sealed Shipment is broken, illegible, or inconsistent with any shipping documentation or records.
4 Export and Import Documents and Customs Clearance
4.1 You will ensure the EOR delivers to us all documentation necessary to facilitate the export of your Cargo from Origin and import at Destination, including contracts, invoices, commodity inspection and other relevant certificates, licenses, settlement verification sheets, customs declaration forms, packing lists, relevant approvals, and other information requested by us or required for shipping.
4.2 You are responsible for the authenticity, lawfulness, and completeness of the Booking Order and the declaration materials and other documentation or information provided to us. You will promptly update any information about your Cargo consistent with our requirements and as necessary to ensure the information is and remains accurate and complete.
4.3 To facilitate customs clearance, you must provide us with a full and complete set of the clean Bill of Lading or other required documents issued for Cargo by the carrier to the EOR including, for example, contracts, invoices, commodity inspection and other relevant certificates, licenses, settlement verification sheets, customs declaration forms, packing lists, and relevant approvals. Upon our receipt of such documents, we will engage the customs broker of our choice to clear your Cargo through customs at Destination, unless you elected during the Booking Order process to perform self-clearance of customs.
4.4 You may designate yourself or any party (other than us) as the EOR or importer of record (“IOR”) for each of your shipments. The EOR is the actual exporter of your Cargo at Origin. The IOR is the actual importer of your Cargo at Destination. The EOR and IOR retain sole responsibility for importing and exporting your Cargo. If you fail to designate any EOR or IOR, you will be listed as the EOR or IOR.
4.5 You will ensure that the EOR and IOR execute and deliver, upon our request, a Power of Attorney and any other document or instrument required by us or our designated customs broker to proceed with customs clearance and related activities on the Cargo, unless you elected during the Booking Order process to perform self-clearance of customs.
4.6 You must keep a copy of all shipping materials provided to the EOR for the period specified by applicable Law and pay all fees, costs, taxes, and charges related to customs clearance and similar formalities, including any storage or related costs pending clearance or other disposition.
4.7 You will promptly assist us in resolving any problems with Cargo attributable to you, the EOR, or the IOR. You will promptly advise us of any “hold” order, including, but not limited to, inspection, detention, or seizure, issued by any customs officials and provide all details about such “hold” order.
4.8 You are responsible for any costs caused by the failure to execute the necessary export and import documents, lack of assistance, delays or problems with Cargo not caused by us, or any other breach of this Section 4. You agree that we may bill you for such costs or recover such costs by other means that we choose.
5 Tender and Inspection of Cargo
5.1 You will ensure the EOR packs your Cargo (except to the extent you engage us to prepare your Cargo) and either ships it to our designated collection point or makes it ready for pick-up at the packing/pick-up times specified in the accepted Booking Order.
5.2 Except as otherwise designated on Our Site and agreed in writing, we will treat all Cargo as common goods requiring the lowest level of handling or service with no storage, stowage, or handling restrictions.
5.3 We may, but are not required to, inspect the name, specifications, quantity, and packaging of any tendered Cargo. We are not liable for any consequences resulting from discrepancies between the information you provide in the Booking Order or applicable customs documentation and the actual tendered Cargo, regardless of whether we inspect the Cargo.
5.4 You will ensure the EOR packs all Cargo in accordance with applicable Law and any of our requirements or the requirements of the carriers. If we discover any inadequacy or breakage in your packaging, or that the Cargo or packaging contradicts the written materials provided by you, we will record the situation and notify you promptly.
5.5 We may reject any tendered Cargo if we discover that the external packaging does not appear to be intact, unless, upon special request from you, we agree in writing to ship Cargo with broken or inadequate external packaging. You agree we are not liable for any loss or damage caused by inadequately packaged Cargo. You further agree to indemnify us for any damage, harm, or injury to third party property, cargo, or persons caused by inadequately packaged Cargo.
6 Bills of Lading
6.1 If we or the carrier issue a Bill of Lading to you or the EOR, then the Bill of Lading is made a part of these AGL Freight Service Terms. You must verify each Bill of Lading, including verifying that you are listed as the shipper, consignee, or the party identified as the notify party (or second or additional notify party) (the “Notify Party”). If the Bill of Lading does not identify a Notify Party, then you are the Notify Party.
6.2 We are only responsible for the security and safety of Cargo that is identified on a Bill of Lading issued through the AGL Freight Program, subject to the limitations and restrictions provided under these AGL Freight Service Terms.
6.3 We or the carrier may issue an electronic Bill of Lading. An electronic Bill of Lading is deemed accepted unless rejected within a specified period of time. You consent to the use of electronic Bills of Lading, the use of electronic signatures, and acceptance of a Bill of Lading by failure to object within a specified period of time, and will not object to such documents and practices.
6.4 Any form Bill of Lading is subject to change. You are responsible for reviewing the Bill of Lading for your Cargo.
6.5 Whenever an electronic Bill of Lading is issued, you agree to issue a telex release guarantee using the form provided by us. The form must be completed accurately and in full. The completed form must be promptly submitted electronically to us within any reasonably requested deadline. We reserve the right to review all submitted guarantees and reject any that do not comply with the specified requirements.
7 Shipping and Storing Cargo
7.1 We will arrange for equipment, personnel, and other materials or facilities, as necessary, for your Cargo with a carrier or subcontractor.
7.2 If your Cargo is refused entry or impounded by an authority during the transit or at Destination, or the IOR fails to take delivery on time or abandons the Cargo, you agree that you are responsible for all resulting fees and expenses (including but not limited to, shipping fees, demurrage and detention fees, custody fees, warehousing and storage fees, and any costs of re-export or return to Origin, disposition fee in auction, sell-off or disposal) and bear all the related risks and liabilities.
7.3 We may re-direct or change the Destination of your Cargo without your written approval for any reasonable cause, including inclement weather.
7.4 You or your consignee must timely accept delivery of your Cargo within the prescribed free time period. Subject to applicable Law, you are responsible for any demurrage, detention, storage, or other charges or fees that may be accrued under applicable carrier Tariffs for failure to timely accept delivery of your Cargo.
7.5 If you or your consignee refuse the Cargo tendered by us, or if we cannot deliver the Cargo because of fault or mistake of you, the IOR, or the consignee, or if you advise and instruct us to stop movement of the Cargo and to hold it in transit, then, and in each case, our liability thereafter immediately will be that of a warehouseman. The procedures we will take as a warehouseman involve the use of ordinary care to keep the Cargo in a safe or suitable place or to store the Cargo properly.
7.6 If you or your consignee do not timely accept delivery within 21 days of the date of the notice of delivery at Destination your Cargo will be deemed abandoned. We may dispose of abandoned Cargo at a time and in a manner that we deem appropriate. You will be responsible for all costs, penalties, and charges related to any abandoned Cargo. We will take commercially reasonable efforts to minimize such costs by moving and storing the Cargo, unpacking or unstuffing containers, and by selling or disposing the Cargo. Any proceeds from the sale of abandoned Cargo will be applied to reduce any lien or claim. We will not be liable for any loss or damage to abandoned Cargo.
7.7 When our liability is that of a warehouseman, or if performing transloading, cross-docking, consolidation, deconsolidation, storage, or other similar services (individually or collectively, “Transloading”), our liability is limited to $0.25 per pound, unless greater liability is agreed to. If you assert that the value of a particular shipment will exceed this amount, and wish to increase the liability coverage provided by us, then you must advise us at or before the time of submitting the Booking Order. We will provide you with an increased freight rate to reflect such additional coverage. Only if both parties agree in writing to the increased Cargo liability and increased freight rate prior to any damage to Cargo will the Cargo liability be increased.
7.8 Unless otherwise agreed by both parties, Cargo destined for an Amazon facility under the Agreement may be placed in any Amazon facility and may be moved between Amazon facilities at our sole discretion and request of the consignee and downstream Service provider affiliate, and any transportation of the Cargo, regardless of destination, diversion, rerouting, or additional movements, will be at your risk and expense. Where an Amazon facility is listed on a Bill of Lading, the Cargo may nevertheless be diverted or rerouted to any other Amazon facility.
7.9 With respect to ocean services in the U.S. trade lanes: you represent and warrant that you are the owner of the Cargo, the person for whose account the ocean transportation is provided, or the person to whom delivery is to be made. For recordkeeping and audit, a copy of these AGL Freight Service Terms and relevant Bills of Lading, Booking Orders, statement records and debit notes, and amendments thereof will be maintained by Amazon Logistics, Inc. for five (5) years. This information may be retrieved on Our Site.
7.10 You are responsible for any costs caused by the failure to retrieve Cargo or any other breach of this Section 7. You agree that we may bill for such costs or recover such costs by other means that we choose.
8 Insurance
In addition to the insurance specified in the Agreement, if you participate in the AGL Freight Program, you must maintain insurance coverage for the risks that may be associated with the AGL Freight Program, including (a) all marine risk, air Cargo risk, and property insurance for Cargo covering the entire shipment, and (b) third party liability insurance and public liability insurance.
9 Fees
9.1 Shipping Fees. The fees and other costs for the AGL Freight Program are as set forth in these AGL Freight Service Terms, any Tariffs, any rate cards, any Booking Orders, and any Bills of Lading. You will pay all fees and costs for your shipments at Destination, regardless of whether you are the IOR.
9.2 Service Fee Estimate. We will provide an estimate of the end-to-end freight fee, customs clearance fee, and, if elected, palletization, loading, or other optional services fees, for a shipment based on the information provided in the Booking Order (the “Preliminary Estimate”). If you elect to have your Cargo picked up, we or our designated logistics services provider will contact you within 48 hours of accepting a Booking Order to provide an estimate of our fee to pick up your Cargo (the “Collection Fee Estimate”). Neither the Preliminary Estimate nor the Collection Fee Estimate include export and import duties and taxes, accessorial charges, and any fees for other services, such as MCF. You acknowledge that actual charges and fees may differ from the Preliminary Estimate or the Collection Fee Estimate if the weight, size, or dimensions of your Cargo, as determined by us or the carrier, differs from what is reported in the Booking Order. You acknowledge that the actual rate and resulting charge may differ from the Preliminary Estimate or the Collection Fee Estimate if a different rate is in effect on the cargo ready date on your Booking Order, the terminal or container freight station gate-in date, or relevant date for any program offering, provided you are notified of the new rate prior to tendering Cargo.
9.3 Accessorial Charges. You agree to pay any other charges and fees specified in these AGL Freight Service Terms, any Tariffs, any rate cards, any accepted Booking Orders, and any Bills of Lading (“Accessorial Charges”) if any of the circumstances triggering such accessorial charges occur during a shipment. In addition to Accessorial Charges, you must pay any additional costs or expenses reasonably incurred for the benefit of your Cargo, protecting any other property from your Cargo, or arising due to any force majeure event or otherwise arising under any Bill of Lading. A schedule of the current fees and charges is available through Our Site.
9.4 Proceeds. We may keep all proceeds of any Cargo we dispose of or to which title transfers, including returned, damaged, or abandoned Cargo. You will have no security interest, lien, or another claim to the proceeds we receive in the sale, fulfillment, or shipment of such Cargo.
9.5 Payment. We, or an Affiliate as indicated on your invoice, will bill you for your shipment upon its delivery to Destination or as the fees, costs or expenses are incurred. You will receive statements of fees and any additional costs or expenses incurred relating to but not limited to: the benefit of Cargo, protecting any other property from Cargo, force majeure event, or any inspection of Cargo.
9.6 Lien. If you fail to pay the fees, charges, costs, and taxes due for any reason, we may immediately terminate these AGL Freight Service Terms and seize or assert or foreclose upon a lien or otherwise take action upon or against any Cargo, or withhold such documents and files, including but not limited to any Bill of Lading, other shipping documents, or verification sheet, until all of such fees and amounts and any other sums owed by you to us from prior transactions are paid off, and you will bear any liabilities, expenses, and risks caused therefrom. Our rights are cumulative and not limited by any provision of these AGL Freight Service Terms, any Tariffs, any Booking Orders, and any Bills of Lading. Any lien we assert regarding any Cargo secures payment of freight, charges, fees, costs, taxes, and other applicable sums on such Cargo plus any other sums due and owing regarding any prior shipments, contracts, goods, services, or obligations.
10 Limitation of Liability
10.1 Regarding transportation governed by an ocean Bill of Lading from an Origin to a Destination in the United States of America, our monetary liability will be limited to 500 USD per shipment and subject to Section 10.9. If you assert that the value of a particular shipment will exceed this amount, and wish to increase the liability coverage provided by us, then you must advise us at or before the time of submitting the Booking Order. We will provide you with an increased freight rate to reflect such additional coverage. Only if both parties agree in writing to the increased Cargo liability and increased freight rate prior to any damage to Cargo will the Cargo liability be increased. A higher declared value in the Bill of Lading will be without effect unless these terms are met. Regardless of the liability level selected, you must prove that the negligence of us, our contractor, or the carrier actually performing the transportation service caused damage to the Cargo to recover for such damage.
Regarding transportation governed by a Bill of Lading from an Origin in the United States of America to a Destination in the United States of America, our monetary liability will be limited to the liability limits set forth in the Bill of Lading, or if no liability limit is provided, the liability limits set forth in Section 10.6.
10.2 With regard to any damage to, loss, delayed delivery, or error in delivery of Cargo through the AGL Freight Program, we will be held liable under the terms and conditions of these AGL Freight Terms, any Tariffs, any Booking Orders, and any Bills of Lading.
10.3 You will pursue any claims regarding the AGL Freight Program or Cargo exclusively against the Amazon Contracting Party (not the carrier) and pursuant to the terms of these AGL Freight Service Terms. The user of the AGL Freight Program through Our Site is the only party that may enforce any rights under the Agreement, these AGL Freight Terms, any Tariffs, any Booking Orders, and any Bills of Lading.
10.4 If we act as a freight forwarder, our liability will not exceed that of any carrier, subcontractor, or provider, or any subcontractor at any level of any of the foregoing, and we will have the full benefit of every limitation of liability set forth in these AGL Freight Service Terms and applicable Law and treaties.
10.5 You authorize us to negotiate and enter into any limited liability terms and conditions with any carrier, subcontractor, provider, or other party assisting with or providing any service pursuant to these AGL Freight Service Terms. To the extent that any such contract, Bill of Lading or other shipping document provides for a lower liability than is otherwise agreed upon between you and us in these AGL Freight Service Terms or the Bill of Lading, we will have the benefit of such lower limitation of liability as between you and us as if such limitation were directly negotiated by you for your own benefit, except in instances in which you have requested and received increased cargo liability coverage in accordance with the terms of these AGL Freight Service Terms.
10.6 Our maximum liability for any loss or liability under these AGL Freight Service Terms will not exceed the amount determined by application of the applicable Law or international treaty (i.e., the Convention on the Contract for the International Carriage of Goods by Road for Over-the-Road Shipments, the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal,1999, the Hague Visby Rules, as amended 1968 for Ocean Shipments not stopping at a port in the United States, and the Carriage of Goods by Sea Act (46 U.S.C. §§ 1300-1315) for ocean shipments stopping at a port in the United States), or a lesser amount corresponding to the value of the Cargo declared in relevant customs documents at the point of export or the point of import, whichever is less.
10.7 For Federal Motor Carrier Safety Administration regulated activities and U.S. domestic carriage by water, including inland and noncontiguous trades, these AGL Freight Service Terms apply to contract carriage and will not be construed as or deemed common carriage. Both parties agree that they expressly waive any rights and remedies under the ICC Termination Act and Interstate Commerce Act as amended (both laws of the United States), and regulations promulgated, including Part B of Subtitle IV Interstate Transportation, 49 U.S.C. § 13101, et seq, that contradict this Section 10.7.
10.8 Notwithstanding anything to the contrary contained in these AGL Freight Service Terms, our cumulative liability for compensating you for any loss or liability in all circumstances will be no more than 80,000 USD in any 12-month period.
10.9 Any limitation of liability included in an ocean Bill of Lading applies by force of contract for inland portions of the same shipment. We are not liable for any losses or damages that we do not explicitly assume under the Agreement, these AGL Freight Service Terms, any Tariffs, any Booking Orders, and any Bills of Lading. The title to the damaged Cargo will vest in us upon our payment of compensation.
10.10 We will not be held liable for damage to, shortage, contamination, deterioration, delay, or loss of Cargo caused by the inherent nature or vice of the Cargo, reasonable wear and tear of the Cargo, or any fault of yours, your personnel, the EOR, or the IOR.
10.11 You acknowledge that you know and understand all of the provisions of these AGL Freight Terms, including provisions on our disclaimer and limitation of liability. You acknowledge that prior to accepting these AGL Freight Terms, we have specifically notified you of all such disclaimers and limitations of our liability according to the requirements under the applicable law, and have responded to all the questions raised by you.
11 Claims
11.1 Notice of claims for loss or damage to Cargo must be filed in writing by you with us within nine (9) months from date of delivery, or scheduled date of delivery for lost Cargo, or absent a scheduled delivery date, the filing period will begin after a reasonable time has elapsed for delivery. Legal action will be commenced by you within one (1) year from the date of the written notice that we are disallowing the claim or any part of the claim.
11.2 If you do not pay the invoiced amounts, you agree we may commence legal action to recover the amount at issue. If you allege overcharges, duplicate payment, or overcollection, notice of such claims or unidentified payments must be given within 180 days of receipt of the invoice, and legal action must be filed within eighteen (18) months of delivery or tender of delivery of the Cargo.
11.3 If your claim is fully or partially accepted, or it is determined that we overcharged you, we may, at our sole discretion, elect to credit your account with an amount determined by us to be full satisfaction of the claim or overcharge. If the amount credited to your account is less than the amount demanded by you, we will furnish a written or electronic communication to you stating the reasons for our decision. You will have thirty (30) days to contest the amount credited to your account in writing from the date you receive our written or electronically communicated decision. Your failure to contest the amount credited to your account within this timeframe will constitute a waiver by you of any right to contest the payment of the claim or overcharge and will constitute a complete settlement of the claim or overcharge.
12 Governing Law and Dispute Resolution
12.1 Notwithstanding anything to the contrary contained in the Agreement, if you schedule a shipment from a location in the United States, any dispute arising under the Agreement or these AGL Freight Service Terms with respect to the AGL Freight Program will be governed by the laws of the State of Washington, United States, together with the Federal Arbitration Act and other applicable federal law. The sole and exclusive venue shall be state or federal court in King County, Washington.
12.2 Any claim contesting detention or demurrage charges will be governed by our Detention and Demurrage Terms in effect at the time of booking. The Detention and Demurrage Terms in effect at the time of booking will apply and will supersede any other generally applicable terms regarding detention, demurrage, free time and per diem rates under these AGL Freight Service Terms, any Tariffs, any Booking Order, or any Bill of Lading. The Detention and Demurrage Terms are available in the Tariff.
13 Indemnity
In addition to your indemnification obligations under the Agreement, you also agree to indemnify, defend, and hold harmless us, our affiliates, and our and their respective officers, directors, employees, representatives, and agents against any claim that arises from or relates to (a) the Cargo (whether title has transferred to us or not), including any personal injury, death, or property damage or delay; or (b) any information about the Cargo that you, the EOR, or the IOR provides or fails to provide, including inaccurate or omitted information in any Booking Order or customs declaration materials.
14 Release
In addition to the release provided in the Agreement, you, on behalf of yourself and any successors, subsidiaries, Affiliates, officers, directors, shareholders, employees, assigns, and any other person or entity claiming by, through, under, or in concert with them (collectively, the “Releasing Parties”) irrevocably acknowledge full and complete satisfaction of and unconditionally and irrevocably release and forever discharge us and each of our Affiliates, and any and all of our and their predecessors, successors, and Affiliates, past and present, as well as each of our and their partners, officers, directors, shareholders, agents, employees, representatives, attorneys, and assigns, past and present, and each of them and all Persons acting by, through, under, or in concert with any of them (collectively, the “Released Parties”) from any Losses which the Releasing Parties now own or hold or have owned or held or may hold or own against the Released Parties, or any of them, arising out of, resulting from, or related to any failure by you, the EOR, the IOR, or your Cargo to comply with these AGL Freight Service Terms, any Tariffs, any Booking Orders, and any Bills of Lading.
15 Disclaimer
IN ADDITION TO THE DISCLAIMERS IN THE AGREEMENT, WE DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW OR STATUTE OR OTHERWISE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, OR SHIPMENT OF YOUR PRODUCTS BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS, AND WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE SEAWORTHINESS, AIRWORTHINESS, ROADABILITY, SAFETY, OR SUITABILITY OF ANY SUBCONTRACTOR’S VESSEL, CRAFT, VEHICLE, OR EQUIPMENT OR OTHER CONVEYANCE OR WAREHOUSE OR OTHER FACILITY OR SPACE.
16 Effect of Termination
16.1 If we discontinue the AGL Freight Program or terminate these AGL Freight Service Terms, we will, as directed by you, use reasonable effort to return or dispose of affected Cargo. If you fail to direct us to return or dispose of the affected Cargo within twenty -one (21) days after termination, we may elect to return or dispose of the Cargo as we see fit.
16.2 Upon any termination of these AGL Freight Service Terms, all rights and obligations of the parties under these AGL Freight Service Terms will be extinguished, except that the following terms will survive: Sections 1 and 6 through 17, and any terms addressing the rights and obligations of the parties regarding (a) Cargo received or stored by us on the termination date, (b) any sums or refunds due and owing to us, and (c) interpretation and enforcement of these AGL Freight Service Terms.
16.3 No termination of these AGL Freight Service Terms will relieve a part of any liability or obligation that accrued prior to such termination or expiration.
17 Tax Matters
You understand and acknowledge that storing Cargo in locations may create tax nexus for you in any country, state, province, or other localities in which your Cargo is stored, and you will be solely responsible for Foreign Shipment Taxes. If any Foreign Shipment Taxes or Your Taxes are assessed against us as a result of performing services for you in connection with the AGL Freight Program or otherwise pursuant to these AGL Freight Service Terms, you will be responsible for such Foreign Shipment Taxes and Your Taxes and you will indemnify and hold Amazon harmless from such Foreign Shipment Taxes and Your Taxes as provided in the Agreement.
18 Additional Representations
In addition to the representations and warranties provided in the Agreement, you represent and warrant to us that (a) you have all necessary rights to ship your Cargo from Origin to Destination; (b) all Cargo and its packaging will comply with all marking, labeling, quality, security, environmental protection, and other requirements of applicable Law and the carrier’s shipping requirements; (c) you have valid legal title to the Cargo and all necessary rights to distribute the Cargo; (d) all Cargo and its packaging will comply with all applicable marking, labeling, and other requirements required by Law; (e) Cargo is not and will not be produced or manufactured, in whole or in part, by child labor or by convict or forced labor; (f) you and all of your subcontractors, agents, and suppliers involved in producing or delivering Cargo will strictly adhere to all applicable Law of the Origin and Destination countries, their territories, and all other countries where Cargo is produced or delivered, regarding the operation of their facilities and their business and labor practices, including working conditions, wages, hours, and minimum ages of workers; and (f) that all Foreign-Eligible Products (i) can be lawfully exported from the Origin country and (ii) can be lawfully imported into, and comply with the applicable Law of the Destination country.
19 Definitions
“Bill of Lading” means a bill of lading, waybill, negotiated rate arrangement, cargo receipt, warehouse receipt, another receipt, or another shipping document, including but not limited to any Tariffs incorporated by or referenced in the foregoing.
“Booking Order” means an order placed through Our Site using the AGL Freight Program.
“Cargo” means one or more Units you tender or intend to tender under a Booking Order through the AGL Freight Program.
“Dangerous Goods” means the substances or articles in the most-updated versions of these directories, or the substances or articles that comply with the conditions defined in the most-updated versions of these directories: the Dangerous Chemicals Directory, the Air Transportation Dangerous Goods Catalog, the Directory of Toxic Chemicals Restricted from Import and Export, GB 12268 Dangerous Goods Name List, the National Production Safety Law, Postal Law, Civil Aviation Law, Maritime Law, Regulations on the Safety of Dangerous Chemicals, Regulations on Road Transportation of Dangerous Goods, Regulations on China Civil Aviation Transportation of Dangerous Goods, Supervision and Administration Regulations for Safety of Rail Transportation of Dangerous Goods, Supervision and Administration Regulations for Safety of Shipments Carrying Dangerous Goods, and Rules of Waterway Transportation of Dangerous Goods, IATA Dangerous Goods Regulations, International Maritime Dangerous Goods Code, the Hazardous Materials Table in the United States Code of Federal Regulations at 49 CFR 172.101 (only if you are in the United States), and all the other substances or articles defined as “dangerous chemicals”, “hazardous chemicals”, “dangerous cargos”, “dangerous goods”, or “explosives for civil use” at Origin, Destination, or other applicable Law, administrative regulations, ministerial regulations or announcements, or national standards that may cause danger to health, safety, property, or the environment during logistics, storage, or transportation, and any similar substance or article as defined by the laws of any country.
“Destination” means an Amazon facility in an Eligible Country.
“Eligible Country” means any country where we offer the AGL Freight Program.
“Origin” means a pick-up location in an Eligible Country.
“Special Cargo” means high value goods, bullion, currency, precious metals or stones, fragile goods, chemical goods, pharmaceutical goods, bio or medical goods, fresh or frozen goods, biological substances or products or materials, live or perishable goods or plants or animals, refrigerated or temperature-sensitive goods, and other special goods.
“Tariff” means (i) our tariffs, including our rules Tariff available at https://dpiusa.com, (ii) any tariff identified in these AGL Freight Service Terms, and (iii) any tariffs, any Booking Orders, and any Bill of Lading published by the carrier.