Privacy & Terms

Credit Terms and Condition
These Credit Terms set out the terms on which United Global Services (NY) Corp. (“UGS”) extends credit under a separate credit agreement (the “Credit Agreement”) or otherwise, to the Customer in connection with any contract for the carriage of goods, whether evidenced by UGS’s bill of lading, waybill, or otherwise (“Contracts of Carriage”) made between UGS and the Customer.
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1. Credit and Guarantee
The Customer agrees and guarantees to pay all freight, charges, fees and/or costs (“Charges”) due under the Contracts of Carriage no later than on the last day of the agreed credit period as set forth in the Credit Agreement. However, in the event the total of all unpaid invoices exceeds the credit limit as set forth in the Credit Agreement, the credit period granted to the Customer shall be cancelled and the Customer agrees and guarantees to pay the amount exceeding the credit limit immediately upon notice. The failure to do so may result in stoppage of any services to the Customer agreed under the Contracts of Carriage.
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2. Security
Where any credit arrangements have been granted by UGS to the Customer, UGS shall be entitled to request such security as it shall in its discretion think fit and shall be entitled to withhold or cancel the supply of any services or credit until such security is provided by the Customer.
3. Set-offs
All payments owed by the Customer to UGS shall be made in full without set-off, withholding, abatement, counterclaim or deduction or stay of execution of any kind, unless otherwise permitted by UGS on a case by case basis. UGS shall be at liberty to set off any funds owed to the Customer against any payment due from the Customer to UGS, whether it be by way of set-off, counterclaim, credit note or otherwise.
4. Disputed Invoices
Notice of any dispute by a Customer of any invoice, in whole or in part, must be provided to UGS in writing, including by e-mail, along with a justification of the dispute, no later than seven (7) days after the Customer’s receipt of the invoice, after which time the Customer shall not be entitled to dispute the invoice. Any undisputed part of an invoice must be settled in accordance with these Credit Terms.
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5. Remedies for Failure to Pay
The Customer undertakes to pay all Charges no later than on the last day of the agreed credit period as set forth in the Credit Agreement. In the event that the Customer does not settle outstanding amounts accordingly, UGS reserves the right to take any or all of the following actions:
5.1. Withhold original documents including transport documents and/or cargo until all overdue Charges, including collection and reminder fees and expenses, are settled.
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5.2. Suspend or terminate the provision of credit.
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5.3. Exercise any applicable right of lien over any cargo and stop providing or arranging services.
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5.4. Apply automatically and without prior notice an administrative fee not exceeding 10% on the outstanding overdue Charges.
5.5. Commence collection proceedings, with any expenses and fees incurred in collecting overdue Charges to be covered by the Customer.
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6. Lien
6.1. UGS shall have a particular and general lien on all goods or documents relating to the goods for all sums due at any time from the Customer (whether those sums are due from the Customer on those goods or documents or on any other goods or documents).
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6.2. Where any sum due to UGS from the Customer remains unpaid, UGS, on giving notice in writing to the Customer, shall be entitled (without liability to the Customer) to sell or dispose of such goods or documents by public auction or by private treaty at the risk and expense of the Customer and to apply the proceeds of any such sale or disposal in or towards the payment of the sums due.
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6.3. Notwithstanding any transfer of physical possession or delivery being deemed complete, the goods shall be deemed to remain in the possession of UGS and not to have been released until all moneys owing have been paid. In the event that the goods are delivered to the Customer or a nominee without payment being made, UGS retains a lien on such goods and without notice may retake physical possession of them pending payment.
6.4. In order to execute the rights granted by Clause 6.3, the Customer irrevocably grants UGS and its agents authority without the necessity of giving any notice to enter all premises at which UGS on reasonable grounds believes the goods to be stored, to inspect, remove, or retake physical possession of the goods. UGS shall not be liable for costs, damages or expenses or any other moneys or losses suffered by the Customer as a result of this action.
7. Prevailing Party Fees
In any arbitration, litigation, or other proceedings arising out of or related to these Credit Terms, the prevailing party shall be entitled to recovery of its attorney fees and its own reasonable costs and expenses.
8. Financial Information
If the financial situation of Customer changes materially after any credit has been granted the Customer must promptly inform UGS or its agents thereof. Failure to comply with this provision shall entitle UGS to execute its rights under Clause 5 of these Credit Terms.
9. Credit Monitoring
UGS reserves the right to periodically review our client’s creditworthiness and adjust terms accordingly based on performance or changes in financial status.
10. Assignment
The Customer may not without prior written consent of UGS assign, transfer or part with, in whole or in part, any of its rights, benefits or obligations under the Credit Agreement in any manner (including without limitation by operation of law). UGS may assign or novate the Credit Agreement, including any or all of its rights and/or liabilities hereunder to any other company or entity which is directly or indirectly owned or controlled by UGS by giving public notice or in any other way informing the Customer.
11. Governing Law
These Credit Terms are subject to the law and jurisdiction of the Contract(s) of Carriage to which the grant of credit relates. Notwithstanding the above, UGS may further at its option choose that these Credit Terms shall be subject to the law and jurisdiction of a competent court at Customer’s principal place of business.