M&M Global LLC — equipment procurement and project solutions

SHIPPING & DELIVERY POLICY

Effective date: [TO BE COMPLETED]
Last updated: [TO BE COMPLETED]

1. Scope of this policy

This Shipping and Delivery Policy sets out how M&M Global LLC ("M&M Global", "we", "us" or "our"), a limited liability company organized under the laws of the State of Wyoming, United States, arranges the international transport and delivery of equipment purchased through us.

It applies to every engagement in which we coordinate freight, documentation or customs formalities. Where the signed agreement for an engagement, or the applicable incoterm, provides otherwise, that agreement or incoterm prevails over this policy.

2. Our role in the transport chain

M&M Global LLC is not a carrier, a vessel operator, a customs broker or a freight forwarder. We coordinate the chain on your behalf: we select and instruct carriers and forwarders, prepare and check documentation, work with licensed customs brokers in the destination country, and keep you informed at each transfer of custody.

The transport itself is performed by third parties under their own contracts of carriage and under international conventions that limit their liability. Customs clearance is performed by a licensed broker acting on the declarant's authority. Our responsibility is the coordination and the documentation, not the physical performance of the carriage or the decisions of a customs authority.

3. Incoterms

Every quotation and every order confirmation states the applicable Incoterms rule and the named place, in the form required by the rules published by the International Chamber of Commerce, together with the edition of the rules being applied.

The incoterm is not a formality. It determines four things: who arranges transport, who pays for each leg, who bears the risk at each stage, and who is responsible for export and import formalities.

Reading the incoterm on your quotation

  • Ex Works and similar terms place responsibility for collection, export formalities, carriage, insurance and import formalities on the buyer, from the supplier's premises onward.
  • Free Carrier, Free on Board and similar terms place responsibility on the seller up to a defined handover point, after which cost and risk pass to the buyer.
  • Cost and Freight, Cost Insurance and Freight and similar terms mean the seller pays for carriage to the named destination, while risk passes to the buyer earlier, at the point of shipment. Paying for freight and bearing risk are not the same thing.
  • Delivered at Place and similar terms place carriage and risk on the seller up to the named destination, with import clearance, duties and taxes remaining the buyer's responsibility unless the term expressly states otherwise.

If any part of the incoterm on your quotation is unclear, ask us before you approve the order. Changing it afterwards changes the price.

4. Modes of transport

The transport mode is chosen against the cargo and the constraints of the project, and is confirmed in the quotation.

  • Sea freight — full container load, less than container load, or break bulk and roll-on roll-off for oversized units such as modular buildings, trailers and vehicles
  • Air freight — where the priority is speed and the cargo dimensions and dangerous goods rules allow it
  • Road and rail — for pre-carriage, on-carriage and regional movements
  • Multimodal combinations — where a single mode cannot cover the route

Oversized, heavy and out-of-gauge loads require route surveys, permits, lifting equipment and sometimes escorts. These requirements are identified and costed before the order is placed wherever the destination and the site access are known to us.

5. Lead times and scheduling

Production lead times are set by the supplier and transit times are set by the carrier and the route. Both are estimates, and neither is guaranteed by us.

Schedules are affected by matters outside the control of every party in the chain, including vessel and flight schedule changes, port and terminal congestion, blank sailings, customs inspection, weather, strikes, public holidays, regulatory action and force majeure events. Where a schedule moves, we tell you as soon as we know, with the revised expectation and the effect on the rest of the project.

No date communicated during the project constitutes a guaranteed delivery date unless a written agreement expressly makes it one and states the consequence of missing it.

6. Shipping documentation

We prepare and verify the export and import documentation required for the shipment. Depending on the equipment, the route and the destination, this typically includes:

  • Commercial invoice
  • Packing list, with weights and dimensions per package
  • Bill of lading, sea waybill or air waybill
  • Certificate of origin
  • Insurance certificate, where insurance is arranged
  • Conformity, test or inspection certificates required for the equipment
  • Fumigation or packaging treatment certificates for wooden packing material
  • Dangerous goods declarations, where applicable
  • Any import licence, permit or pre-shipment inspection document required by the destination country

Documentation depends on information supplied by you, including the consignee's exact legal name and address, tax and importer registration numbers, and the intended use of the equipment. Errors in that information cause delay at the border and generate storage and demurrage costs. Check the draft documents we send you before they are finalized.

7. Customs clearance

Export clearance is arranged in the country of dispatch. Import clearance is carried out in the destination country by a licensed customs broker, either one we work with or one you appoint.

Unless the agreed incoterm expressly places import clearance on the seller, the buyer is the importer of record. As importer of record you are responsible for holding any required importer registration, for the accuracy of the customs declaration, and for compliance with the import rules of your country. We provide the broker with the documentation and the technical information needed to classify the goods, but the customs authority makes the final determination on classification, valuation, origin and admissibility.

Customs authorities may inspect, sample, detain or refuse any consignment. Costs arising from inspection, detention, storage, demurrage or re-export are for the account of the party responsible for import clearance under the agreed incoterm.

8. Duties, taxes and other charges

Unless the written agreement expressly states otherwise, all import duties, customs fees, value added tax, goods and services tax, excise, port and terminal handling charges, storage, demurrage, detention and any other charge levied in the destination country are payable by the buyer and are not included in the equipment price or in our fees.

Duty rates and tax treatment depend on the tariff classification, the customs value and the origin of the goods, and they are determined by the authority of the destination country. Any indication we give of a likely duty or tax cost is an estimate for planning only and is not a commitment. Verify the applicable rates with your customs broker or your tax adviser before you commit to a purchase.

9. Transfer of risk and title

Risk of loss of or damage to the equipment passes to the buyer at the point determined by the agreed incoterm, and not on arrival at your site unless the incoterm says so. From that point on, loss or damage is a matter between the buyer, the carrier and the cargo insurer.

Title to the equipment passes in accordance with the supplier's terms of sale, which commonly retain title until the purchase price has been paid in full. Transfer of risk and transfer of title are independent of each other, and both are independent of physical possession.

10. Cargo insurance

Carrier liability under international conventions is limited by weight and is frequently far below the value of professional equipment. Cargo insurance is strongly recommended for every shipment and is arranged only when it is expressly included in the quotation and paid for.

Where insurance is arranged through us, the policy terms, the insured value, the exclusions and the claim procedure are provided to you with the shipping documents. Where you arrange your own cover, tell us before shipment, because the insured value and the terms may depend on the incoterm and on the packing method.

11. Delivery, inspection and claims

Delivery to your site requires suitable access, and, for heavy or oversized units, appropriate unloading equipment and personnel. Unless the agreement expressly includes unloading, installation or commissioning, those operations are your responsibility and must be ready on the delivery date.

On arrival, inspect the consignment before signing the delivery documents. Count the packages, check them against the packing list, and record any shortage, damage or irregularity on the delivery note, the bill of lading or the proof of delivery before signing. Photograph the packaging before and after opening it.

Notify us and the carrier in writing without delay. Notice periods for loss and damage claims under carriage conventions and insurance policies are short, and a clean signed delivery receipt makes a later claim difficult to sustain. We assist in preparing and pursuing a claim, but we are not the insurer, the carrier or the guarantor of their obligations.

12. Storage and failed delivery

Where a consignment cannot be delivered because the site is not ready, access is not available, the consignee cannot be reached or import formalities are not completed, the goods may be placed in storage. Storage, demurrage, detention and redelivery charges are payable by the buyer. Where storage continues beyond the period allowed by the carrier, the terminal or the customs authority, the goods may be subject to further action by that party, including sale or disposal, over which we have no control.

13. Export control and restricted goods

All shipments are subject to United States export control laws and economic sanctions programs, and to the export and import rules of every country involved in the route. Certain equipment, destinations, end uses and end users are restricted or prohibited.

We screen counterparties and destinations, and we will decline or suspend a shipment where compliance requires it. You are responsible for confirming that the equipment may lawfully be imported into the destination country and used for the intended purpose, and for holding any licence or authorization required for that import or use.

14. Governing law

This policy is governed by the laws of the State of Wyoming, United States, without regard to its conflict of law rules. Any dispute arising out of or in connection with it is subject to the exclusive jurisdiction of the state and federal courts sitting in the State of Wyoming, without prejudice to any mandatory rule of the international conventions applicable to carriage.

15. Contact

M&M Global LLC
Registered legal name: [TO BE COMPLETED]
EIN: [TO BE COMPLETED]
1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, United States
Email: contact@metm-global-llc.com
Telephone: [TO BE COMPLETED]

This document is a template prepared for the operator of this website. It has not been reviewed by an attorney, it does not constitute legal advice, and it may not reflect the carriage, customs, export control or trade rules that apply to your business or to the routes you operate. Have it reviewed and adapted by qualified legal counsel before publishing it or relying on it.