LIABILITY, INDEMNIFICATION & LEGAL ENFORCEMENT PROTECTIONS
1. Company Capacity & Liability Shield
Dynamic Supreme Corp (“Company”) acts solely as a freight broker, freight forwarder, logistics coordinator, or agent unless expressly agreed in writing.
Company does not operate as a motor carrier or vessel operator and shall not be liable for the acts, omissions, delays, or damages caused by third-party carriers, truckers, airlines, steamship lines, warehousemen, or service providers.
All cargo loss or damage claims shall be directed to the performing carrier.
2. Limitation of Liability
To the fullest extent permitted by law:
- Company shall only be liable for direct damages proven to result solely from Company’s gross negligence or willful misconduct.
- Company’s total liability, if any, shall not exceed the lesser of:
- $100 per shipment, or
- The amount of brokerage/forwarding fees charged.
Company shall not be liable for:
- Carrier loss or damage
- Delay or service failure
- TONU
- Port congestion
- Customs inspections or holds
- Regulatory actions
- Force majeure events
- Loss of profit, market, or business opportunity
- Consequential or special damages
3. Cargo Insurance Disclaimer
Cargo insurance is not included unless requested and confirmed in writing.
If Customer declines insurance, Customer assumes all cargo risk beyond carrier liability limits.
Company shall bear no responsibility for insurer claim denial or settlement decisions.
4. Customer Warranties
Customer warrants that all shipment information is accurate, lawful, and compliant with all import/export, customs, FDA, USDA, BPOM, GACC, and other regulatory requirements.
Customer is solely responsible for packaging, labeling, documentation, product admissibility, and regulatory approvals.
5. Indemnification (Broad Form)
Customer agrees to defend, indemnify, and hold harmless Dynamic Supreme Corp, its officers, employees, and agents from any and all:
- Claims
- Lawsuits
- Fines
- Penalties
- Damages
- Liabilities
- Losses
- Costs
Including attorney fees arising out of or related to:
- Shipment contents
- Regulatory violations
- Customs holds or seizures
- Misdeclared cargo
- IP or trademark disputes
- Product recalls
- Personal injury or property damage
- Customer breach of this Agreement
This indemnification obligation survives shipment completion and payment.
6. Payment, Collections & Legal Cost Recovery
Customer agrees that all invoices are due per agreed terms regardless of shipment outcome, delay, damage, or claim status.
In the event of non-payment, collections, or legal enforcement:
Customer shall be responsible for all costs incurred by Company, including but not limited to:
- Attorney fees
- Court costs
- Arbitration fees
- Collection agency fees
- Administrative costs
- Interest charges (up to legal maximum)
This obligation applies whether or not litigation is filed.
7. Dispute Resolution & Fee Shifting
Any dispute arising from services provided shall be resolved under the following structure:
- Governing Law: State of California
- Venue: County of Company’s principal place of business
- Method: Court litigation or binding arbitration at Company’s election
The prevailing party shall be entitled to recover reasonable attorney fees and legal costs.
If Company initiates action to collect unpaid invoices, Company shall be entitled to full recovery of legal and collection costs regardless of case outcome, to the extent permitted by law.
8. Time Limitation to File Suit
Any claim or legal action against Company must be filed within:
- 7 months for cargo claims
- 10 months for service disputes
- Or the shortest period permitted by applicable law
Failure to do so constitutes waiver of claim.
9. Force Majeure Protection
Company shall not be liable for failure or delay caused by events beyond its control, including:
- Weather
- War
- Strikes
- Port congestion
- Customs exams
- Government actions
- Pandemics
- Equipment shortages
10. Maximum Contractual Protection Clause
All liability limitations, indemnities, defenses, and protections contained herein shall apply to the fullest extent permitted by applicable law and shall survive contract termination.
If any provision is deemed unenforceable, it shall be modified—not voided—to reflect the maximum enforceable protection for Dynamic Supreme Corp.