Last Updated: February 01, 2026
Company: Merkay LLC
Address: 75 Harrison St, Little Falls, NJ 07424
These Terms & Conditions govern all services provided by Merkay LLC (“Merkay”), including but not limited to:
By requesting a quotation, booking a shipment, tendering cargo, storing goods, or paying an invoice, the Customer agrees to be bound by these Terms.
3.2 When an HBL is issued, Merkay shall be deemed the contracting carrier for that shipment.
3.3 Merkay may subcontract services to carriers, truckers, terminals, warehouses, and agents at its sole discretion.
4.1 All quotations are based on the information provided at the time of request.
4.2 Rates are subject to change due to:
4.3 Any services not explicitly included in a quotation shall be billed separately.
5.1 Standard payment terms are Net [7/15/30] unless otherwise agreed in writing.
5.2 All invoices are due without deduction, offset, or delay.
5.3 Any invoice not disputed in writing within seven (7) calendar days shall be deemed accepted and approved.
5.4 Late payments may incur:
5.5 Merkay reserves the right to suspend services, hold cargo, or revoke credit terms for overdue accounts.
6.1 All cargo stored at Merkay facilities is subject to storage, handling, and operational charges.
6.2 Dedicated warehouse space, pallet storage, and operational usage are billable services whether per shipment or ongoing.
6.3 Continued storage of goods and/or prior payment of storage invoices constitutes acceptance of applicable storage rates.
6.4 Merkay is not responsible for delays, deterioration, or damages caused by extended storage due to Customer delay.
Merkay shall have a general and continuing lien on all cargo, documents, and property in its possession or control for:
Merkay may hold, store, or dispose of cargo in accordance with applicable law to recover unpaid balances.
8.1 When a House Bill of Lading is issued, it shall govern the contract of carriage.
8.2 All HBL terms, including liability limitations and defenses, are incorporated into these Terms.
8.3 Underlying carriers, agents, truckers, terminals, and warehouses shall benefit from all liability limitations (Himalaya Clause).
9.1 Merkay’s liability, whether as Forwarder or NVOCC, shall be limited to the lesser of:
Customer is responsible for all ancillary charges including:
Such charges are payable regardless of fault or dispute with third parties.
Unless expressly agreed in writing, Merkay shall not act as Importer of Record.
Where Merkay agrees to act as IOR, Customer assumes full financial and compliance responsibility.
Cargo insurance is not included unless expressly requested and confirmed in writing.
All shipments move at Customer’s risk unless insured.
Merkay shall not be liable for delays or losses caused by events beyond its control including but not limited to:
Customer acknowledges that bookings, quotations, invoices, and service instructions transmitted via email, electronic systems (including CargoWise), or digital platforms constitute legally binding communications.
Prior course of dealing, continued use of services, and payment of invoices shall constitute acceptance of these Terms.
Unpaid balances may be referred to collections or legal action without further notice.
Customer agrees to be responsible for:
These Terms shall be governed by the laws of the State of New Jersey.
All disputes shall be subject to the exclusive jurisdiction of the courts located in New Jersey, USA.
These Terms, together with Merkay’s HBL, invoices, quotations, and warehouse agreements, constitute the entire agreement between the parties and supersede all prior discussions or understandings.