Terms of Service

3.1 Quotations

All quotations are subject to change without notice and are valid for 30 days unless otherwise specified. Rates quoted do not include unforeseen charges such as detention, demurrage, storage, or customs examination fees.

3.2 Booking Confirmation

Bookings are not confirmed until you receive written confirmation from us. We reserve the right to refuse or cancel bookings at our discretion.

3.3 Documentation

You are responsible for providing accurate and complete documentation. Any delays or costs arising from incorrect documentation will be your responsibility.

3.4 Bills of Lading & Payment Collection

As a licensed Non-Vessel Operating Common Carrier (NVOCC), Gateway issues House Bills of Lading (HBL) to customers while maintaining control of the Master Bill of Lading (MBL) issued by the ocean carrier. This is standard industry practice for cargo control and payment security.

• •House Bill of Lading (HBL): Gateway issues an HBL to the customer as proof of shipment and contract of carriage
• •Master Bill of Lading (MBL): Gateway holds the MBL issued by the ocean carrier and retains control of cargo release

Payment Terms & Cargo Release:

• •Standard Payment Terms: By default, Gateway does NOT collect payment upfront. Payment timing will be determined by Gateway and communicated at booking, which may include: (1) payment upon cargo arrival at destination terminal, (2) payment once vessel has sailed, (3) payment when cargo reaches certain nautical miles at sea, or (4) other mutually agreed terms. Gateway will hold the MBL until payment is received as per agreed terms.
• •Approved Credit Accounts (Net 30/60/90): Customers with approved credit terms may receive cargo release before payment. Credit limits and payment terms are determined by Gateway's credit department based on business credit history and financial standing. Standard payment terms may still apply to initial invoices while credit is being established.
• •Prepayment Required (Specific Cases): Gateway reserves the right to require prepayment BEFORE cargo moves in cases of: (1) new customers without established credit history, (2) customers with poor payment history, (3) high-risk shipments, or (4) promotional arrangements. Prepayment requirements will be clearly communicated at booking confirmation.
• •Cargo Hold Rights: The customer acknowledges that Gateway has the right to hold cargo at destination until full payment is received (unless credit terms have been approved), even if the shipment has physically arrived. Payment terms are specified on each booking confirmation and invoice.
• •Storage Fees: Any storage, demurrage, detention, or per diem charges incurred due to delayed payment beyond agreed terms are the customer's responsibility. These charges begin accruing per the applicable tariff and terminal rules.

3.5 Incoterms

All shipments are governed by the applicable Incoterm specified at booking. Unless otherwise agreed in writing, Gateway's standard terms are:

• •FOB (Free On Board): Risk transfers to buyer when goods are loaded onto the vessel at port of origin
• •CIF (Cost, Insurance, Freight): Seller responsible for cost, insurance, and freight to destination port
• •DAP (Delivered at Place): Seller responsible for all costs and risks until goods arrive at named destination
• •DDP (Delivered Duty Paid): Seller assumes all costs including import duties and taxes

All Incoterms references are based on ICC Incoterms® 2020. Customer is responsible for understanding their obligations under the selected Incoterm.

3.6 Transit Times & ETAs

All transit times and estimated time of arrivals (ETAs) provided by Gateway are estimates only and are not guaranteed. Actual transit times may vary due to:

• •Weather conditions and force majeure events
• •Port congestion, labor disputes, or terminal delays
• •Customs inspections or regulatory holds
• •Vessel schedule changes, transshipment delays, or route modifications
• •Carrier operational decisions

Gateway shall not be liable for any damages, losses, or costs arising from delays in transit, including but not limited to consequential damages, lost profits, or business interruption.

3.7 Container Specifications & Weight Limits

Customer is responsible for ensuring cargo does not exceed container weight limits:

• •20' Standard: Max payload ~21,700 kg (47,840 lbs)
• •40' Standard: Max payload ~26,500 kg (58,420 lbs)
• •40' High Cube: Max payload ~26,300 kg (57,980 lbs)
• •Reefer containers: Max payload varies by unit, typically ~27,000 kg

Verified Gross Mass (VGM) declaration is mandatory per SOLAS regulations. Customer must provide accurate VGM prior to vessel loading. Overweight containers may be rejected, and any resulting fees are customer's responsibility.

3.8 Cancellation & Amendment Fees

Booking cancellations and amendments are subject to the following:

• •7+ days before departure: No cancellation fee (administrative fees may apply)
• •3-7 days before departure: Cancellation fee up to 50% of freight charges
• •Less than 3 days / No-show: Full freight charges apply

Amendment requests (vessel change, port change, container type) are subject to availability and may incur additional charges. All fees are in addition to any carrier-imposed penalties.

3.9 Deviation & Transshipment Rights

Gateway and its carrier partners reserve the right to deviate from the original route, transship cargo at intermediate ports, or substitute vessels without prior notice when operationally necessary. Such deviations do not constitute a breach of contract and Gateway shall not be liable for any resulting delays or additional costs unless caused by gross negligence.

3.10 ISF / 10+2 Filing (US Imports)

For all shipments destined for the United States, Importer Security Filing (ISF/10+2) is mandatory per US Customs and Border Protection regulations:

• •ISF must be filed at least 24 hours before cargo is loaded onto vessel at origin port
• •Customer is responsible for providing accurate ISF data (manufacturer, seller, buyer, ship-to party, etc.)
• •Late or inaccurate ISF filings may result in CBP penalties ($5,000+ per violation) which are customer's responsibility
• •Gateway can file ISF on customer's behalf for an additional fee

3.11 Temperature-Controlled Cargo (Reefer)

For refrigerated (reefer) shipments, customer must provide:

• •Required temperature setting and acceptable range
• •Ventilation requirements (CMH/CFM)
• •Humidity settings if applicable
• •Pre-cooling requirements and cargo temperature at stuffing

Gateway is not liable for cargo damage resulting from: incorrect temperature instructions, pre-existing cargo conditions, improper packaging, power failures beyond carrier control, or temperature fluctuations within industry-acceptable tolerances (±2°C).

3.12 Dangerous Goods (Hazmat)

Dangerous goods shipments require advance approval and proper documentation:

• •Customer must declare all hazardous materials at booking with correct UN number and IMDG classification
• •Dangerous Goods Declaration (DGD) and Material Safety Data Sheet (MSDS) required
• •Proper labeling, marking, and placarding per IMDG Code mandatory
• •Additional surcharges apply for hazmat handling

Undeclared or misdeclared dangerous goods will result in immediate booking cancellation, and customer assumes full liability for any resulting fines, damages, or cleanup costs.

3.13 Lien Rights

Gateway has a general and continuing lien on all cargo in its possession or control for all charges, expenses, and advances due from the customer under this or any other agreement. If payment is not received within the agreed terms, Gateway may, without notice: (a) hold cargo until payment is received, (b) sell the cargo at public or private sale to satisfy outstanding amounts, or (c) dispose of perishable cargo as necessary. Customer remains liable for any deficiency after sale plus all costs of enforcement.

3.14 Additional Freetime (Container Return)

Gateway offers discounted additional freetime for container returns at destination. Purchase upfront at booking to save versus tariff rates:

• •+2 Days: Extended return time
• •+3 Days: Extended return time
• •+4 Days: Extended return time
• •+6 Days: Extended return time
• •+8 Days: Extended return time

Freetime Terms:

• •Additional freetime is non-refundable once purchased
• •Subject to carrier and terminal approval; Gateway cannot guarantee acceptance in all cases
• •Unused freetime days are not transferable to other shipments or refundable
• •Does not override carrier or terminal detention policies beyond the purchased days
• •Pricing is subject to change; confirmed rate applies at time of booking
• •Customer remains responsible for any detention charges incurred beyond purchased freetime

5.1 Ocean Freight Insurance (Gateway Shield)

For FCL and LCL ocean shipments, select a Gateway Shield tier at booking:

• Standard Shield: $58 per container - coverage up to $15,000 USD
• Plus Shield: $105 per container - coverage up to $30,000 USD (Popular)
• Premium Shield: $155 per container - coverage up to $60,000 USD (Best Value)

Gateway Shield covers:

5.2 Parcel & Small Package Insurance

For parcel and small package shipments:

• Parcel Guard: $2.00 flat fee - coverage up to $100
• Gateway Shield: $20.00 flat fee - coverage up to $20,000

5.3 Coverage Terms

• •Insurance must be purchased at time of booking before cargo moves
• •Coverage is "all-risk" including loss, damage, theft, and general average
• •Customer must declare accurate cargo value; underinsured claims paid proportionally
• •Claims must be filed within 30 days of delivery with supporting documentation

5.4 Without Insurance

• Carrier liability is limited per COGSA to $500 per package or customary freight unit
• Gateway is not liable for uninsured losses beyond statutory carrier limits
• You assume full risk for cargo shipped without purchasing ParcelGuard coverage

7.1 Denied Parties Screening

Gateway screens all parties involved in transactions against government-maintained restricted party lists, including:

• OFAC Specially Designated Nationals (SDN) List
• Bureau of Industry and Security (BIS) Entity List
• BIS Denied Persons List and Unverified List
• State Department Debarred List

7.2 Anti-Money Laundering (AML)

In compliance with the Bank Secrecy Act and related regulations, Gateway:

• Monitors transactions for suspicious activity patterns
• Reports suspicious activities to FinCEN as required by law
• Maintains records for the legally required retention period
• Reserves the right to decline or terminate transactions that present elevated risk

7.3 Know Your Customer (KYC)

Gateway implements KYC procedures to verify the identity and legitimacy of all customers:

• Business verification including legal entity documentation
• Beneficial ownership identification for corporate accounts
• Ongoing monitoring and periodic re-verification
• Right to request additional documentation at any time

19.1 Billing Requirements

• All demurrage and detention invoices will include the date charges began, free time allowance, and applicable tariff rate
• Invoices will be issued within 30 days of the charge-incurring event
• Contact information for dispute resolution will be provided on each invoice

19.2 Dispute Process

• 1.Submit Dispute: Email disputes@gatewaylines.com within 30 days of invoice date with invoice number, container number, and reason for dispute
• 2.Acknowledgment: Gateway will acknowledge receipt within 5 business days
• 3.Resolution: Gateway will provide a written decision within 30 days of receiving all required documentation
• 4.FMC Complaint: If unresolved, you may file a complaint with the Federal Maritime Commission at fmc.gov

19.3 Fee Reasonableness

Gateway will not charge demurrage or detention when delays result from circumstances beyond the shipper's or consignee's control, including but not limited to: government inspections, port congestion not attributable to the customer, or carrier-caused delays.

20.1 Eligibility & Access

• API access is provided at Gateway's discretion and may be revoked at any time
• You are responsible for maintaining the confidentiality of your API keys and account credentials

20.2 License

Gateway grants you a limited, non-exclusive, non-transferable right to use its APIs for the sole purpose of integrating Gateway's services within your systems or applications.

20.3 Prohibited Uses

• You may not use the API to replicate or compete with Gateway's services
• You may not resell, sublicense, or redistribute the API or any data obtained via the API
• You may not exceed rate limits or interfere with API performance or stability

20.4 API Rate Limits

• Default rate limit is 1,000 requests per hour per API key
• Excessive or abusive usage may result in temporary or permanent suspension
• Higher limits available for enterprise customers upon request

20.5 Data Use & Ownership

• All data accessed through the API remains the property of Gateway
• You may store or process the data solely for use within your organization
• You may not reverse engineer, scrape, or mine our data outside permitted use

20.6 Service Level & Updates

• Gateway does not guarantee uninterrupted or error-free API access
• Gateway may update or discontinue APIs at any time, with reasonable notice when feasible
• Planned maintenance will be announced in advance when possible

20.7 Security Requirements

• You are responsible for securely storing any data retrieved through the API
• API keys must not be shared, exposed publicly, or bundled into client-side code
• All API requests must use HTTPS encryption
• You must immediately notify Gateway of any security breaches or unauthorized access