Terms of Service

1. Acceptance of these terms

These terms form the agreement between you and Ngd Impex Canada Inc. in relation to the services described on this website. You accept them by sending an enquiry through the contact page, by emailing the berth desk, by calling the desk to open a booking, or by instructing us to act on a shipment.

If you are accepting on behalf of a company, you confirm that you have authority to bind that company. If you do not have that authority, or if you do not agree with these terms, please do not use the services.

A separate written agreement, a booking confirmation or a quote may add to or vary these terms for a specific shipment. Where a signed document conflicts with these terms, the signed document prevails for that shipment only.

2. The scope of our services

Ngd Impex Canada Inc. is an import house and berth coordination business based at 40 Longhouse St, Woodbridge - L4L 8E7, Canada (CA). We book holds in a container bay, prepare and file customs documentation as instructed, publish berth unload windows, arrange warehouse transfer runs, maintain retail restock calendars and run a document courier service.

We are not a vessel operator, a terminal authority, a licensed customs broker acting independently, or an insurer. Our role is coordination and documentation support within the chain that moves a container from the vessel to the receiving door.

Where a service requires a licence or a statutory appointment that we do not hold, we will tell you and, if you agree, work with a licensed party. Nothing in these terms creates a partnership, a joint venture or an employment relationship between the parties.

3. Booking a hold and confirming a file

A booking becomes active when the desk issues a booking note that names the vessel, the voyage, the container reference and the bay position confirmed by the terminal. Until that note is issued, an enquiry remains an enquiry and creates no obligation on either side.

The booking note is the reference document for every later step. If the shipment changes, for example because a container is added, removed or re-routed, a revised note is issued. You are responsible for checking the note when you receive it and telling the desk about any error immediately.

Hold capacity is subject to confirmation by the terminal. Where the terminal cannot confirm the requested position, the desk will propose an alternative and you may accept or decline it. We do not guarantee a specific bay number unless the note says that the bay is confirmed.

4. Client responsibilities

You agree to provide accurate and complete information about the shipment, the consignee and the receiving destination. You agree to respond to desk queries within a reasonable time, because a late answer often becomes a missed window and a missed window becomes a storage charge.

You are responsible for the accuracy of the commercial documents you send us, including the invoice, the packing list and the product descriptions. You are responsible for ensuring that the goods may lawfully be imported and for holding any permit or licence that the goods require.

You agree to name a contact who can authorise changes during the unload window and to keep that contact reachable on the day. If the named contact is unavailable, you agree to provide a substitute before the window opens.

You agree not to use the services for any unlawful purpose and not to ask the desk to file a document that you know to be false or misleading.

5. Document accuracy and customs chits

The desk drafts a customs chit from the documents you provide and checks it for internal consistency before filing. That check is a practical cross-check, not a legal opinion, and it does not transfer responsibility for the accuracy of the declaration from the importer to us.

Where the documents conflict, the desk will identify the conflict in writing and request a correction. Filing may be paused until the correction arrives. A pause caused by an unresolved document conflict is not a breach of these terms by Ngd Impex Canada Inc.

You are responsible for the tariff classification you instruct, for the value you declare and for the origin you state, unless you have engaged a licensed broker to take responsibility for those elements. We will follow the instruction recorded on the file.

If a customs authority requests additional information after filing, we will pass the request to you promptly and assist with the response within the scope of the services.

6. Unload windows and punctuality

A berth unload window is published in writing to the terminal, the carrier and the receiving warehouse. The window names an hour and a reasonable buffer. The window is an agreed plan rather than a guarantee that a vessel will arrive on schedule.

If the vessel arrives late, or a chit clears late, the window is reissued rather than stretched. You agree to accept a reissued window as the operative appointment for that shipment.

If a driver arrives outside the window, the terminal may refuse the gate slot and the run may be rescheduled. Any cost arising from a late arrival by a carrier you appointed is your responsibility, unless the delay was caused by the desk.

The desk will call the receiving warehouse if a window is at risk. You agree to keep the receiving contact informed of any change on your side at the same time.

7. Warehouse transfer runs

Transfer runs are arranged between the quay and the receiving dock. A run is complete when both ends have confirmed and the run sheet has been returned to the desk. A run that is reported verbally is not closed until the sheet arrives.

The receiving warehouse must be ready to unload within the agreed period. If the warehouse is not ready, the carrier may charge waiting time and the container may need to be repositioned. Those costs are passed on at cost.

Where a shipment is split across destinations, each destination receives its own instruction sheet. You are responsible for telling us before the run starts if the split has changed.

8. Retail restock programs

A restock program is a standing calendar of bookings, chits, windows and transfer runs. The program is defined in writing, including the cadence, the reserved slot pattern and the review date.

Reserved slots are held for the program on the understanding that the program continues. If a program is paused without notice, the desk may release the reserved slots to other clients after the next review date.

Volume changes should be notified before the review meeting so that the calendar can be adjusted. A surge block requested after the meeting is subject to capacity.

9. Document courier service

The courier service moves signed originals when a counterparty requires paper. The desk binds the set, logs the handover and records the tracking line against the booking.

Transit times quoted by the desk are estimates based on the courier service used. We are not liable for a courier delay that is outside our control, but we will pursue the tracking and tell you what we learn.

Risk in the documents passes to the recipient on delivery, as recorded by the courier. Risk in documents lost in transit is limited in the same way as other services under the limits of liability section.

10. Fees, invoices and payment

Fees are quoted before work begins and are set out in the quote or booking confirmation. A quote states what is included and what is not. Third party charges, such as terminal fees, carrier waiting time and courier costs, are passed on at cost unless the quote says otherwise.

Invoices are issued at the intervals stated in the quote, normally on completion of a shipment or monthly for a restock program. Payment is due within the period shown on the invoice.

If a scope change is requested after the quote, the desk will issue a revised quote. Work on the changed scope begins when the revised quote is accepted. We do not add charges that were never quoted.

Overdue invoices may attract interest at the rate stated on the invoice or, where no rate is stated, at a reasonable commercial rate permitted by law. We will always contact you before applying a late charge.

11. Cancellation and rescheduling

You may cancel a booking before the hold becomes active without charge, other than any cost already incurred with a third party. Once the hold is active, a cancellation may attract the terminal charge that applies to a released bay position.

A window may be rescheduled once without an administration fee if the request reaches the desk before the carrier departs. Later rescheduling may attract a fee to cover the desk time and the carrier charge.

A restock program can be ended at the next review date with notice stated in the program document. Reserved slots already committed to a carrier may still be invoiced.

12. Delays, force majeure and port conditions

The berth is subject to conditions outside our control: vessel delays, weather, port congestion, terminal labour action, customs system outages, road closures and public health restrictions. We are not liable for a delay caused by such a condition.

When a condition of that kind occurs, we will notify you as soon as we know, propose a revised plan and keep the file open until the shipment moves. Communication is our obligation even when the weather is not.

Extra costs caused directly by such a condition, such as storage or waiting time, are passed on at cost and documented.

13. Limits of liability

Ngd Impex Canada Inc. is responsible for the services it performs with reasonable skill and care. We are not responsible for the acts or omissions of a terminal, a carrier, a customs authority, a broker or a courier, each of which acts under its own terms.

To the extent permitted by law, our total liability for a claim arising from a shipment is limited to the fees paid to us for the service that gave rise to the claim. We are not liable for indirect or consequential loss, including lost profit, lost goodwill or loss of market.

Nothing in these terms excludes liability for fraud, for wilful misconduct, or for any liability that cannot lawfully be excluded.

A claim should be raised with the desk as soon as the issue is discovered and in any event within the period stated in the quote. Late claims are harder to investigate because the trail goes cold.

14. Cargo, hazardous goods and prohibited items

You must tell the desk if a shipment contains dangerous goods, temperature controlled goods or goods that require a specialist carrier. We will assess whether the berth can handle the shipment and tell you if it cannot.

You must not present goods that are prohibited from import, goods that infringe intellectual property rights, or goods that are misdescribed. If such goods are discovered, the desk will stop work and notify you and, where required, the relevant authority.

Cargo remains at your risk unless a separate written agreement says otherwise. Insurance for cargo should be arranged by you or by the party you nominate.

15. Privacy and records

We handle personal information in line with our Privacy Policy, which explains what we collect, why we collect it, how long we keep it and how you can exercise your rights. The Privacy Policy forms part of these terms.

Records of bookings, chits, windows, runs and courier handovers are kept so that a shipment can be reconstructed from the file. You agree that we may keep those records for the retention periods described in the Privacy Policy.

We may contact the people named on a shipment file for operational reasons. We will not use those details for marketing.

16. Website content and intellectual property

The text, layout and visual design of this website belong to Ngd Impex Canada Inc. and may not be copied for commercial use without written permission. You may print or save a page for your own reference.

The business records you send us remain yours. You grant us permission to use them only to the extent needed to perform the services, for example by passing a document to a broker or a carrier.

Names of third party companies mentioned on this site remain the property of their owners and are used only for description.

17. Third party services and links

The services depend on third party systems, including terminal appointment platforms, courier tracking, email hosting and customs filing interfaces. Those systems are governed by their own terms.

Links on this website may lead to external sites. We do not control those sites and we are not responsible for their content or their privacy practices.

If a third party system is unavailable, the desk will use an alternative route such as phone or email and will record the fallback on the file.

18. Suspension and termination

We may suspend work on a file if an invoice is seriously overdue, if a document appears to be false, or if a shipment presents a safety risk that has not been disclosed. We will tell you the reason and what is needed to resume.

Either party may end a restock program at the next review date with the agreed notice. Ending a program does not cancel a booking that is already active.

On termination, records are retained under the Privacy Policy and fees for work already performed remain payable.

19. Governing law and disputes

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply in Ontario, without regard to conflict of law rules.

If a dispute arises, the parties will first try to resolve it through a written discussion between the desk and the client contact within thirty days. Most disputes at a berth desk are a matter of finding the missing document, and a written discussion usually finds it.

If the discussion does not resolve the matter, the dispute will be referred to the courts of Ontario. Nothing in this section prevents either party from seeking urgent relief where the law allows it.

20. Changes to these terms

We may revise these terms when the services change or when the law requires it. The revised terms are posted on this page with a new date at the top.

A revision applies to new bookings made after the posting date. A booking that is already active continues under the terms that applied when it was opened, unless the law requires otherwise.

If a revision is significant, we will notify active clients by email before it takes effect.

21. Contact and notices

Notices under these terms should be sent to the berth desk in writing. Formal notices should be addressed to the company at the office address below.

A notice is treated as received on the next business day after an email is sent during business hours, or on the day it is delivered if it is sent by courier with proof of delivery.