Ultra Cargo 1972 LLC ("Ultra Cargo") · Doral, FL · Version 2 — August 2026. The official version of these Terms is in English; a Spanish-language summary is available on request at sales@ultracargocorp.com. "Ultra Cargo" is the trade name; the contracting entity is Ultra Cargo 1972 LLC.
These Terms govern all warehousing, fulfillment, prep, cross-dock, distribution, and international shipping services Ultra Cargo provides and accompany the Ultra Cargo Rate Card.
Acceptance: By signing the service agreement or rate schedule, or by tendering goods to Ultra Cargo, the client accepts these Terms.
Order of precedence: These Terms and the signed rate schedule govern and override the client's purchase orders, rate confirmations, or other documents. Conflicting client terms are rejected.
Conspicuous terms: The limitation of liability, indemnity, lien, and dispute-resolution provisions are material, bargained-for terms presented conspicuously and agreed to by the client.
Relationship: Ultra Cargo is an independent contractor; nothing creates an agency, partnership, or joint venture except the limited export power of attorney in Section 16.
Standard Pallet: 48″ × 40″ footprint, height up to and including 60″, weight up to and including 2,500 lb. Any unit exceeding any limit is Oversize.
Oversize: any pallet/unit exceeding Standard Pallet limits; billed at standard +50%. A unit over 60″ may occupy and bill as two Pallet Positions. This single definition applies to all services.
Pallet Position: one physical slot occupied; storage bills per position, partial pallets round up to one.
Unit / Carton / SKU: a Unit is one saleable item; a Carton is a sealed case; a SKU is a distinct product variation.
Average Daily Balance: the sum of end-of-day Pallet-Position counts divided by the number of calendar days in the Billing Month (sampled every calendar day). Receipts count from the day received; removals stop counting the day after pickup.
Pass-Through Charges: carrier postage, fuel surcharge, detention, demurrage, and per-diem billed at cost; excluded from the surcharge cap and not marked up except as stated in Section 18.
Method: storage is billed on Average Daily Balance (Section 2), not a single snapshot, so timing cannot distort the charge.
Start: storage accrues from the date of receipt, prorated daily.
Aged-inventory escalation: measured per Pallet Position by oldest-receipt (FIFO) date; +50% for days held beyond 60 and +100% beyond 90, applied only to days in the aged tier (not retroactively). Partial picks do not reset the clock; goods re-received within 30 days retain their original receipt date.
Invoicing: monthly, on the terms in Section 8.
Unit determined by Ultra Cargo: receiving is billed at the unit of handling Ultra Cargo actually performs — palletized, ready-to-store freight per pallet; floor-loaded or hand-sorted freight per carton or unit. The client does not elect the billing unit.
No double-charge: the devanning fee is inclusive of the receiving transaction (no separate receiving minimum or unscheduled fee on the same event), and driver-wait time does not accrue while active unload labor is in progress.
SKU verification: SKU count is verified at receipt against the ASN; any pallet with more than one SKU is billed the breakdown fee regardless of the client's declaration.
Cross-dock: freight that is scheduled, is 5+ pallets, and ships within 72 hours bills at the cross-dock rate with no storage. No grace period applies to cross-dock freight. Freight held beyond 72 hours is reclassified as standard receiving plus storage retroactive to receipt (a single storage rate, not cross-dock plus storage). Converted storage is prorated at $1.27/pallet/day from receipt; the monthly rate applies only beyond 7 days. This overage storage is billed instead of, not in addition to, average-daily-balance storage for the same pallet during the overage period.
Prep / returns grace: goods received for prep have 3 business days, and returns 5 business days, before storage accrues. Grace is one-time per receipt event, non-renewable, and non-stacking — a unit may claim prep grace or returns grace once, not both, and reclassification does not restart any clock. Grace suspends storage accrual only; processing fees still apply.
No monthly minimum: Ultra Cargo does not charge a monthly account minimum. Per-transaction minimums still apply (the receiving minimum and the labor minimum below).
Labor minimum: 1-hour minimum per labor call, then 15-minute increments; not charged in addition to a flat fee that already covers the same work.
Stacking: surcharges are additive to the base rate (never compounded), apply to labor and handling (not pass-throughs), and the total surcharge on any line is capped at +70%. Rush is a flat per-order fee; each named surcharge applies once. Pass-throughs under Sections 13 and 18 are excluded from the cap base.
Devanning surcharges: flat devanning fees are surcharge-eligible (peak/after-hours apply); if a floor-loaded container exceeds the labor a flat fee assumes, the excess is billed at $50/hr.
Peak season: a +20% surcharge applies to storage days and services occurring within October 1 – January 15, regardless of receipt or order date. After-hours/weekend work adds +50%.
Terms: Net 15 from invoice date (Net 30 by agreement). A security deposit (about one month's estimated charges) may be required.
Late charges: past-due balances accrue a service charge of 1.5% per month or the maximum permitted by Florida law, whichever is less; this is a service charge, not interest on a loan.
Disputes: invoices must be disputed in writing, itemized, within 10 days; the dispute is limited to the specific line. Undisputed amounts remain due Net 15 regardless of any dispute. Repeated unfounded disputes void Net terms (prepay/COD).
Suspension: Ultra Cargo may suspend services and withhold goods for past-due accounts. Suspension applies only to undisputed past-due amounts; where a timely itemized dispute is pending, suspension is stayed as to the disputed amount until the Section 12 notice-and-cure period lapses, while service charges continue to accrue on undisputed amounts.
Lien: Ultra Cargo holds a lien on all goods in its possession for unpaid charges under Fla. Stat. §677.209.
Enforcement: enforced by commercially reasonable sale under Fla. Stat. §677.210: written notice to all persons known to claim an interest, an itemized statement of the claim, a description of the goods, a demand for payment of not less than 10 days, sent by certified mail, with a conspicuous auction notice. Ultra Cargo sells and accounts for any surplus to the client (no outright forfeiture).
Disclosure of interests: the client must identify and keep current all secured parties, lenders, and true owners of the goods.
Disposition precedence: where goods fall within more than one abandonment provision (Sections 16 and 24), this Section 9 lien-and-sale procedure governs disposition; those sections set only the triggering dwell periods and do not displace its notice, sale, and surplus-accounting steps. Any deficiency or surplus is administered subject to Section 10.
Standard of care: Ultra Cargo exercises the care a reasonably careful operator would use and is not an insurer (Fla. Stat. §677.204).
Liability cap: Ultra Cargo's liability for loss or damage shall not exceed the lesser of the actual value of the affected goods or $0.50 per pound, computed on actual weight. This cap does not apply to conversion by Ultra Cargo.
Declared-value upgrade: the client may, in writing at signing or within a reasonable time after receipt, increase the limit by declaring a higher value, in which case an increased storage rate applies.
Cap precedence: the cap matching where the loss occurred governs — in-warehouse loss at $0.50/lb; international transit under COGSA ($500/package); FBA-prep defect limited to re-prep cost; the lowest applicable cap controls. Any value or sub-cap stated in Section 15 or Section 24 is a sub-limit subordinate to this Section 10 ceiling and never exceeds it unless declared value has been purchased.
Client insurance & COI: the client maintains all-risk cargo insurance at full value, waives subrogation against Ultra Cargo, and delivers a Certificate of Insurance naming Ultra Cargo as additional insured and loss payee (carrier rated A- / VII or better) before goods are received, with 30 days' notice of cancellation. If coverage lapses, Ultra Cargo may suspend service or force-place coverage at the client's cost.
Ultra Cargo coverage: Ultra Cargo maintains commercial insurance appropriate to its operations; coverage details are available on request. Client goods are insured through the client's own all-risk cargo policy as required above.
Consequential damages: neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits.
Indemnity: each party indemnifies and defends the other against third-party claims arising from its own acts; to the extent the client indemnifies Ultra Cargo against Ultra Cargo's own negligence, the obligation is capped at a stated monetary limit as required by Fla. Stat. §725.06.
Force majeure: neither party is liable for events beyond reasonable control, including hurricanes and named storms; either may terminate if the event exceeds 30 days.
Window: written claims must be presented within the earlier of 60 days after delivery or 60 days after notice of loss; suit must commence within 9 months of the earlier of delivery or notice.
Ladder: the parties first attempt to resolve disputes through a 30-day written notice-and-cure period.
Arbitration: unresolved disputes are settled by binding arbitration (AAA Commercial Rules, seat in Miami-Dade County), with a class- and collective-action waiver and, as a fallback, a mutual jury-trial waiver. The prevailing party recovers reasonable attorneys' fees and costs.
Annual escalation: rates adjust at renewal, tied to CPI (or a fixed percentage by agreement), on 30 days' notice.
Fuel surcharge: a pass-through tied to the published DOE diesel index, shown as a separate line with no markup.
Re-rate at dock: Ultra Cargo's dock measurement of unit, count, weight, dimension, and SKU mix overrides any client declaration and applies retroactively to the receipt using the published Rate Card. Materially inaccurate declarations incur a $75 correction fee plus the corrected charge.
Appointments: inbound/outbound require scheduled appointments; the free driver-wait hour is per carrier per calendar day (not per appointment); no-shows/late arrivals may incur fees.
Client disclosure: the client must disclose load type, pallet/carton/SKU counts, weights, packing list, and outbound plan; Ultra Cargo may refuse or re-rate non-conforming freight.
Hazmat & prohibited goods: the client must disclose hazardous, regulated, perishable, or high-value goods; Ultra Cargo may refuse or remove undisclosed or prohibited goods.
Title: the client warrants it owns or has the right to store and ship the goods.
Inventory accuracy: periodic cycle counts; a shrinkage allowance of 0.25% of average on-hand units, measured by unit at annual reconciliation; the client bears variances within tolerance and Ultra Cargo reimburses above it, subject to the liability cap.
Business hours: receiving and dispatch operate Monday–Friday 9:00 AM–5:00 PM ET (inbound cutoff 2:00 PM; same-day outbound cutoff 12:00 PM), excluding federal holidays. Saturday and early/late slots by appointment. After-hours means any time outside these windows or any weekend/holiday; end of day for storage sampling is 11:59 PM ET.
Appointment lead time: inbound/outbound require booking at least 24 hours in advance; cancellation inside 4 hours, no-show, or arrival outside the booked window incurs a missed-appointment fee and forfeits priority.
Facility conditions: the facility is ambient (non-climate-controlled) unless a climate-controlled scope is signed. Ultra Cargo is not liable for heat-, humidity-, or condensation-related degradation; the client must disclose and contract separately for temperature-sensitive goods.
Service targets: turnaround and accuracy figures (e.g., orders by cutoff ship the next business day; target pick accuracy 99.5%; inbound reflected in the system within 2 business days) are targets, not guarantees; remedies for any miss are limited under Section 10.
Client carriers: carriers and drivers the client arranges must carry auto liability and workers compensation at statutory limits and follow site safety rules; Ultra Cargo may refuse entry, and the client indemnifies Ultra Cargo for their acts.
Reporting: every shipment is logged on arrival with its own warehouse number (client, SKU, piece count, date in); standard reports are provided monthly and counts or photo reports on request. Custom reports and any EDI integration are scoped and quoted separately, with VAN/transaction fees passed through.
Recordkeeping: standard receiving captures piece/pallet counts only. Photo documentation, serial-number capture, and lot/batch tracking are billable add-ons; absent a signed capture scope, Ultra Cargo is not obligated to produce photographic or serialized evidence.
Scope & liability: Ultra Cargo preps to the client's written, approved instructions; liability for a prep error is limited to the cost of re-prep, not downstream Amazon fees or lost sales.
Carve-outs: Ultra Cargo is not responsible for Amazon receiving discrepancies, loss in transit after documented hand-off, or Amazon policy fees (placement, low-inventory, aged-inventory, surcharges).
Client responsibility: the client indemnifies Ultra Cargo for inaccurate data, undisclosed hazmat/meltable goods, and goods with under 90 days remaining shelf life. Ultra Cargo may refuse or flag inbound that fails Amazon gates.
Chargeable weight & minimums: billed as the greater of actual or dimensional weight (divisor stated on the quote); a minimum charge per shipment and minimum volume apply; partial containers are subject to break-even minimums.
Dwell & abandonment: parcels have a free dwell window, then storage accrues; parcels unpaid/unclaimed beyond 60 days after notice are sold or disposed of with surplus accounted for, the client remaining liable for charges.
Export compliance: the client provides an accurate commercial invoice, declared values, and HS codes; Ultra Cargo files AES/EEI where required (value over $2,500 per Schedule B, or whenever a license applies) under the client's written power of attorney; the client is the U.S. Principal Party in Interest and responsible for data accuracy.
Carrier liability: international carrier liability is limited (e.g., COGSA $500/package); Ultra Cargo's posture as forwarding agent vs. NVOCC is stated in the service agreement.
Client representations: the client represents it and its goods comply with U.S. export controls (EAR/ITAR), OFAC sanctions, and anti-bribery laws (FCPA), and provides accurate classification.
Screening & hold: Ultra Cargo may screen parties against U.S. restricted/denied-party lists and may refuse, hold, or report goods on a screening hit; the client indemnifies Ultra Cargo for sanctions/export violations.
D&D: detention, demurrage, and per-diem are passed through at cost with documentation, billed to a single party consistent with the FMC rule; Ultra Cargo is not liable for charges caused by customs holds, client delays, or appointment unavailability.
Pass-through buckets: fuel surcharge and FMC detention/demurrage pass through at cost with no markup; all other carrier accessorials (liftgate, residential, redelivery) are cost +15%; no charge falls in two buckets.
Security & roles: Ultra Cargo safeguards client and consumer data in its systems; a data-processing addendum is available on request to define each party's role, and the client warrants a lawful basis to share the data (including cross-border international shipments).
Breach notification: data incidents are handled per the Florida Information Protection Act (Fla. Stat. §501.171), including notice within 30 days, with breach-response costs allocated by fault.
Confidentiality: each party keeps the other's rates, SOPs, SKU/sales data, and credentials confidential (survives termination).
Trademarks & data: neither party uses the other's name or marks without consent; data generated in Ultra Cargo's systems about the client's inventory is the client's and is returned/exported at offboarding.
Assignment: neither party may assign without consent; a change of control is a deemed assignment.
Subcontractors: Ultra Cargo may subcontract (drayage, overflow storage, AES filing, prep partners); the liability caps and limits in these Terms flow down to subcontracted services. Binds successors and permitted assigns.
Treatment: charges are itemized; Florida sales tax applies where required; separately-stated equipment rental is taxable while true bailment storage is generally not; prices exclude applicable taxes.
Term: initial term of 12 months, auto-renewing, with 30–60 days' notice to terminate.
Offboarding: on termination, storage continues until all goods are removed; the client pays outbound and removal labor; an early-termination fee may apply.
Title transfer / sale-in-place: if the client sells or transfers title to goods while they remain in storage, the client must notify Ultra Cargo in advance; the goods remain subject to these Terms and to Ultra Cargo's lien until released, are released only on the client's written instruction, and any new owner's interest is junior to Ultra Cargo's accrued charges. The client maintains insurance through release.
Authorized release: pickups by any carrier other than the contracting client require the client's written release naming the carrier, with a signed BOL/POD captured at the dock; absent that authority Ultra Cargo may refuse release without penalty.
Retail / EDI chargebacks: retailer chargebacks (OTIF, routing, label, ASN) are the client's responsibility except those solely and directly caused by Ultra Cargo error, which are capped at the affected order's handling fees — not the retailer's penalty. EDI service requires the retailer's routing guide on file.
Consolidation manifest & per-parcel value: as a condition of international consolidation, the client provides a per-parcel manifest with declared value at intake; per-parcel liability is the lower of declared value or the per-pound cap, and parcels without a manifest receive only the minimum cap.
Held / rolled parcels: parcels arriving after the consolidation cutoff, or held for screening or AES issues, accrue the consolidation dwell rate until the next scheduled container, with notice to the client; the abandonment clock starts at hold.
General abandonment & deposit: the lien, sale, and disposal procedure in Section 9 applies to goods of any client; goods unpaid beyond 30 days after notice may be sold or disposed of with surplus accounted for. New, irregular, or unsigned clients must provide a deposit or card on file before goods are accepted.
Boilerplate: severability (a struck clause does not void the rest), no waiver, entire agreement, written notices, and survival of Sections 8 (payment), 9 (lien), 10 (liability and insurance), 11 (claims), 12 (dispute resolution), 17 (sanctions), 19 (data protection), and 20 (confidentiality). Governed by Florida law, venue Miami-Dade County.
Questions about these Terms: sales@ultracargocorp.com · +1 305 504 8107 · 8140 NW 29th St, Doral, FL 33122 · See also our Privacy Policy.