AVISTAIR – TERMS AND CONDITIONS OF SERVICE & WEBSITE USE

Effective Date: 01 May 2026

Welcome to Avistair. This document constitutes a legally binding agreement between the user/customer (“Customer”, “You”) and Avistair (“Company”, “We”, “Us”).

By accessing our website (https://avistair.com) or by booking any freight forwarding, logistics, transport, or customs services with us, you explicitly accept and agree to be bound by these Terms and Conditions in their entirety. If you do not agree, you must immediately cease using our website and services.

SECTION A: WEBSITE GENERAL USE & INTELLECTUAL PROPERTY

1. Website Integrity & Intellectual Property

Unless otherwise stated, Avistair owns the intellectual property rights for all material, software, designs, algorithms, and digital interfaces on avistair.com. All rights are reserved. You are strictly prohibited from:

• Republishing, copying, duplicating, or scraping material from Avistair for commercial purposes or competitor analysis.

• Selling, renting, or sub-licensing material or access to Avistair systems.

2. Hyperlinking & Content Liability

No organization may hyperlink to our website in a manner that falsely implies sponsorship, endorsement, or approval by Avistair. We reserve the right to demand the immediate removal of any link to our website. We shall not be held responsible or liable for any content that appears on external websites linking to us.

3. Website Availability Disclaimer

While we strive to ensure data accuracy, the website, its content, and any digital quoting tools are provided "as is" and free of charge. We do not warrant that the website will remain available 100% of the time, or that the material is entirely error-free.

SECTION B: FREIGHT FORWARDING & LOGISTICS OPERATIONS

4. Intermediary Status & Carrier Selection

• The Non-Asset Rule: The Customer explicitly acknowledges and agrees that Avistair acts strictly as a freight forwarder and logistics intermediary. Avistair is not an asset-based carrier and does not own, operate, or maintain any aircraft, ocean vessels, cargo ships, trucks, or warehouses. All transport assets utilized are owned and operated by independent third-party companies.

• Carrier Execution: Avistair is fully authorized to select and engage third-party operators (trucking companies, ocean lines, airlines, rail operators, and customs brokers) on behalf of the Customer.

• Transit Schedules: All transit times, routes, and departure/arrival dates provided by Avistair or its digital interfaces are estimates only. They are completely dependent on third-party schedules, blank sailings, and terminal congestion. Avistair guarantees no specific delivery timelines and is not liable for carrier delays.

5. Customer Warranties: Cargo and Data Accuracy

The Customer represents, warrants, and guarantees that:

• All dimensions, weight, item counts, packaging types, and geographic locations (including zip codes) provided during the quotation request are 100% accurate and final.

• The cargo is properly packed, labeled, secured, and prepared to withstand the ordinary risks of international transport, handling, and warehouse stacking.

• The cargo does not contain hazardous, flammable, dangerous, or illegal items unless a full ADR/IATA declaration has been submitted in writing and formally approved by Avistair prior to dispatch.

6. Quotation Adjustments & Retroactive Surcharges

• Validity Window: All spot and contract quotes are tied directly to carrier capacity and fuel surcharges at the exact hour of issuance and are subject to immediate expiration or change.

• Retroactive Pricing: If the actual Cargo Ready Date (CRD), weight, volume, or dimensions deviate from the data extracted by our systems or provided by the client, Avistair reserves the absolute right to retroactively adjust the quote and charge the client for the actual space utilized.

• Ancillary Fees: The Customer assumes sole liability for all unexpected, third-party operational costs. This includes, but is not limited to: port demurrage, container detention, warehouse storage fees, waiting time surcharges at loading zones, and customs inspection costs.

7. Limitation of Liability

To the maximum extent permitted by applicable international law, Avistair’s financial liability is strictly capped and limited. We are never liable for the full market value of your cargo unless a separate value declaration is made and premium paid.

• Liability Limits (International Conventions):

  • Road Freight (Intra-EU / International): Governed strictly by the CMR Convention, capped at 8.33 SDR per gross kilogram of weight short.

  • Ocean Freight: Governed by the Hague-Visby Rules, capped at 2 SDR per kilogram or 666.67 SDR per package, whichever is higher.

  • Air Freight: Governed by the Montreal Convention, capped at 22 SDR per kilogram.

• Consequential Loss Exclusion: Under no circumstances whatsoever shall Avistair be liable for special, incidental, indirect, or consequential damages. This explicitly excludes liability for loss of profit, commercial income, market share, factory downtime, or production delays, regardless of whether Avistair was notified that such losses could occur.

8. The Absolute Right of Lien

• Avistair shall have a general, continuing, and possessory lien on any cargo, documents, and warehouse inventory currently in our possession or control for any sums owed to us by the Customer (regardless of whether the debt relates to the current shipment or historical unpaid invoices).

• Avistair reserves the right to legally withhold the release of cargo, documents, or deliveries until all past-due balances, interest, and collection costs are paid in full.

9. Customs Clearance & Importer of Record

• The Customer assumes the sole legal role of Importer of Record (IOR) or Exporter of Record (EOR) and is entirely responsible for the accuracy of commercial invoices, packing lists, HS/Tariff codes, and export/import certificates.

• The Customer shall fully indemnify, protect, and hold harmless Avistair from any fines, financial penalties, confiscations, or legal duties imposed by customs authorities due to missing, delayed, or fraudulent documentation.

10. Force Majeure

Avistair is completely exempt from liability for any delay, failure of performance, damage, or loss resulting directly from a Force Majeure event. This includes: acts of God, war, acts of terrorism, civil unrest, labor strikes, port closures, cyber-attacks on systems or carriers, border lockouts, pandemics, or systemic carrier space cancellations (blank sailings).

11. Governing Law & Exclusive Jurisdiction

This Agreement, all quotations, and all logistics services executed by Avistair shall be governed strictly by and construed in accordance with the laws of the Belgium. Any dispute, conflict, or claim arising from our services shall be submitted exclusively to the jurisdiction of the competent commercial courts of Brussels.