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THESE
TERMS AND CONDITIONS OF SERVICE ARE DEEMED ACCEPTED UNLESS WE ARE NOTIFIED
IN WRITING PRIOR TO SHIPMENT AT THE FOLLOWING ADDRESS:
International Freight Forwarder, Inc., 452-A Plaza Drive, P.O. Box 45505,
Atlanta, GA 30320
These terms and conditions of service constitute a legally binding contract
between the "Company" and the "Customer". In the event the Company renders
service and issues a document containing Terms and Conditions governing
such services, the Terms and Conditions set forth in such other document(s)
shall govern those services.
1. Definitions.
(a) "Company" shall mean International Freight Forwarder, Inc. (IFF,
Inc.), its subsidiaries, related companies, agents and/or representatives;
(b) "Customer" shall mean the person for which the Company is rendering
service, as well as its agents and/or representatives, including, but
not limited to, shippers, importers, exporters, carriers, secured parties,
warehousemen, buyers and/or sellers, shipper's agents, insurers and
underwriters, break-bulk agents, consignees, etc. It is the responsibility
of the Customer to provide notice and copy(s) of these terms and conditions
of service to all such agents or representatives;
(c) "Documentation" shall mean all information received directly or
indirectly from Customer, whether in paper or electronic form;
(d) "Ocean Transportation Intermediaries (OTI)" shall include an "ocean
freight forwarder" and a "non-vessel operating carrier";
(e) "Third parties" shall include, but not be limited to, the following
"carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs
brokers, agents, warehousemen and others to which the goods are entrusted
for transportation, cartage, handling and/or delivery and/or storage
or otherwise".
2. Company as agent. The Company acts as the "agent" of the Customer
for the purpose of performing duties in connection with the entry and
release of goods, post entry services, the securing of export licenses,
the filing of export documentation on behalf of the Customer and other
dealings with government Agencies; as to all other services, Company
acts as an independent contractor.
3. Limitation or Actions.
(a) Unless subject to a specific statute or international convention,
all claims against the Company for a potential or actual loss, must
be made in writing and received by the Company, within ninety (90) days
of the event giving rise to claim; the failure to give the Company timely
notice shall be a complete defense to any suit or action commenced by
Customer.
(b) All suits against Company must be filed and properly served on Company
as follows:
.. (i) For claims arising out of ocean transportation, within one (1)
year from the date of the loss;
.. (ii) For claims arising out of air transportation within two (2)
years from the date of the loss;
.. (iii) For claims arising out of the preparation and/or submission
of an import entry(s), within
.. seventy five (75) days from the date of liquidation of the entry(s);
.. (iv) For any and all other claims of any other type, within two (2)
years from the date of the loss or damage.
4. No Liability for the Selection or Service of Third Parties and/or
Routes. Unless services are performed by persons or firms engaged
pursuant to express written instructions from the Customer, Company
shall use reasonable care in its selection of third parties, or in selecting
the means, route and procedure to be followed in the handling, transportation,
clearance and delivery of the shipment; advice by the Company that a
particular person or firm has been selected to render services with
respect to the goods, shall not be construed to mean that the Company
warrants or represents that such person or firm will render such services
nor does Company assume responsibility or liability for any actions(s)
and/or inaction(s) of such third parties and/or its agents, and shall
not be liable for any delay or loss of any kind, which occurs while
a shipment is in the custody or control of a third party or the agent
of a third party; all claims in connection with the Act of a third party
shall be brought solely against such party and/or its agents; in connection
with any such claim, the Company shall reasonably cooperate with the
Customer, which shall be liable for any charges or costs incurred by
the Company.
5. Quotations Not Binding. Quotations as to fees, rates of duty,
freight charges, insurance premiums or other charges given by the Company
to the Customer are for informational purposes only and are subject
to change without notice; no quotation shall be binding upon the Company
unless the Company agrees in writing to undertake the handling or transportation
of the shipment at a specific rate or amount set forth in the quotation
and payment arrangements are agreed to between the Company and the Customer.
6. Reliance on Information Furnished.
(a) Customer acknowledges that it is required to review all documents
and declarations prepared and/or filed with the Customs Service, other
Government Agency and/or third parties, and will immediately advise
the Company of any errors, discrepancies, incorrect statements or omissions
on any declaration filed on Customers behalf;
(b) In preparing and submitting customs entries, export declarations,
applications, documentation and/or export data to the United States
and/or a third party, the Company relies on the correctness of all documentation,
whether in written or electronic format, and all information furnished
by Customer; Customer shall use reasonable care to insure the correctness
of all such information and shall indemnify and hold the Company harmless
from any and all claims asserted and/or liability or losses suffered
by reason of the Customer's failure to disclose information or any incorrect
or false statement by the Customer upon which the Company reasonably
relied. The Customer agrees that the Customer has an affirmative non-delegable
duty to disclose any and all information required to import, export
or enter the goods.
7. Declaring Higher Value to Third Parties. Third parties to whom
the goods are entrusted may limit liability for loss or damage; the
Company will request excess valuation coverage only upon specific written
instructions from the Customer, which must agree to pay any charges
therefore; in the absence of written instructions or the refusal of
the third party to agree to a higher declared value, at Company's discretion,
the goods may be tendered to the third party and are subject to the
terms of the third party's limitations of liability and/or terms and
conditions of service.
8. Insurance. Unless requested to do so in writing and confirmed
to Customer in writing, Company is under no obligation to procure insurance
on Customer's behalf; in all cases, Customer shall pay all premiums
and costs in connection with procuring requested insurance.
9. Disclaimers; Limitation of Liability.
(a) Except as specifically set forth herein, Company makes no express
or implied warranties in connection with its services;
(b) Subject to
(c) below, Customer agrees that in connection with any and all services
performed by the Company. The Company shall only be liable for its negligent
acts, which are the direct and proximate cause of any injury to Customer,
including loss or damage to Customer's goods, and the Company shall
in no event be liable for the acts of third parties; (c) In connection
with all services performed by the Company, Customer may obtain additional
liability coverage, up to the actual or declared value of the shipment
or transaction, by requesting such coverage and agreeing to make payment
therefore, which request must be confirmed in writing by the Company
prior to rendering services for the covered transaction(s).
(d) In the absence of additional coverage under (b) above, the Company's
liability shall be limited to the following:
.. (i) where the claim arises from the activities other than those relating
to customs brokerage, $50.00 per shipment or
.. transaction, or
.. (ii) where the claim arises from activities relating to "Customs
business." $50.00 per entry or the amount of
.. brokerage fees paid to Company for the entry, whichever is less;
(e) In no event shall Company be liable or responsible for consequential,
indirect, incidental, statutory or punitive
damages even if it has been put on notice of the possibility of such
damages.
10. Advancing Money. All charges must be paid by Customer in
Advance unless the Company agrees in writing to extend credit to customer;
the granting of credit to a Customer in connection with a particular
transaction shall not be considered a waiver of this provision by the
Company.
11. Indemnification/Hold Harmless. The Customer agrees to indemnify,
defend, and hold the Company harmless from any claims and/or liability
arising from the importation or exportation of customer's merchandise
and/or any conduct of the Customer, which violates any Federal, State
and/or other laws, and further agrees to indemnify and hold the Company
harmless against any and all liability, loss, damages, costs, claims
and/or expenses, including but not limited to reasonable attorney's
fees, which the Company may hereafter incur, suffer or be required to
pay by reason of such claims; in the event that any claim, suit or proceeding
is brought against the Company, it shall give notice in writing to the
Customer by mail at its address on file with the Company.
12. C.O.D. or Cash Collect Shipments. Company shall use reasonable
care regarding written instructions relating to "Cash/Collect on Deliver
(C.O.D.)" shipments, bank drafts, cashier's checks and/or certified
checks, letter(s) of credit and other similar payment documents and/or
instructions regarding collection of monies but shall have not liability
if the bank or consignee refuses to pay for the shipment.
13. Costs of Collection. In any dispute involving monies owed
to Company, the Company shall be entitled to all costs of collection,
including reasonable attorney's fees and interest at 15% per annum or
the highest rate allowed by law, whichever is less, unless a lower amount
is agreed to by Company.
14. General Lien and Right To Sell Customer's Property.
(a) Company shall have a general and continuing lien on any and all
property of Customer coming into Company's actual or constructive possession
or control for monies owed to Company with regard to the shipment on
which the lien is claimed, a prior shipment(s) and/or both;
(b) Company shall provide written notice to Customer of its intent to
exercise such lien, the exact amount of monies due and owing, as well
as any on-going storage or other charges; Customer shall notify all
parties having an interest in its shipment(s) of Company's rights and/or
the exercise of such lien.
(c) Unless within thirty days of receiving notice of lien, Customer
posts cash or letter of credit at sight, or, if the amount due is in
dispute, an acceptable bond equal to 110% of the value of the total
amount due, in favor of Company, guaranteeing payment of the monies
owed, plus all storage charges accrued or to be accrued. Company shall
have the right to sell such shipment(s) at public or private sale or
auction and any net proceeds remaining thereafter shall be refunded
to Customer.
15. No Duty To Maintain Records For Customer. Customer acknowledges
that pursuant to Sections 508 and 509 of the Tariff Act, as amended.
(19 USC Paragraphs 1508 and 1509) it has the duty and is solely liable
for maintaining all records required under the Customs and/or other
Laws and Regulations of the United States; unless otherwise agreed to
in writing, the Company shall only keep such records that it is required
to maintain by Statute(s) and/or Regulation(s), but not act as a "recordkeeper"
or "recordkeeping agent" for Customer.
16. Obtaining Binding Rulings, Filing Protests, etc. Unless requested
by Customer in writing and agreed to by Company in writing, Company
shall be under no obligation to undertake any pre- or post Customs release
action, including, but not limited to, obtaining binding rulings advising
of liquidations, filing of petition(s) and/or protests, etc.
17. Preparation and Issuance of Bills of Lading. Where Company prepares
and/or issues a bill of lading, Company shall be under no obligation
to specify thereon the number of pieces, packages and/or cartons, etc.;
unless specifically requested to do so in writing by Customer or its
agent and Customer agrees to pay for same. Company shall rely upon and
use the cargo weight supplied by Customer.
18. No Modification or Amendment Unless Written. These terms
and conditions of service may only be modified, altered or amended in
writing signed by both Customer and Company; any attempt to unilaterally
modify, alter or amend same shall be null and void.
19. Compensation of Company. The compensation of the Company
for its services shall be included with and is in addition to the rates
and charges of all carriers and other agencies selected by the Company
to transport and deal with the goods and such compensation shall be
exclusive of any brokerage, commissions, dividends, or other revenue
received by the Company from carriers, insurers and others in connection
with the shipment. On ocean exports, upon request, the Company shall
provide a detailed breakout of the components of all charges assessed
and a true copy of each pertinent document relating to these charges.
In any referral for collection or action against the Customer for monies
due the Company, upon recovery by the Company, the Customer shall pay
the expenses of collection and/or litigation, including a reasonable
attorney fee.
20. Severability. In the event any Paragraph(s) and/or portion(s)
hereof is found to be invalid and/or unenforceable, then in such event
the remainder hereof shall remain in full force and effect.
21. IFF, International Freight Forwarder, Inc. has a policy against
payment, solicitation, or receipt of any rebate, directly or indirectly,
which would be unlawful under the United States Shipping Act, 1984,
as amended.
22. Governing Law; Consent to Jurisdiction and Venue. These terms
and conditions of service and the relationship of the parties shall
be construed according to the laws of the State of GEORGIA without giving
consideration to principals of conflict of law.
Customer and Company
(a) irrevocably consent to the jurisdiction of the United States District
Court and the State courts of GEORGIA;
(b) agree that any action relating to the services performed by Company,
shall only be brought in said courts;
(c) consent to the exercise of in personam jurisdiction by said courts
over it, and
(d) further agree that any action to enforce a judgment may be instituted
in any jurisdiction Copyright by the National Customers Brokers & Forwarders
Association of America, Inc. (revised 01/00)
All transactions, shipments and orders are subject to above mentioned
conditions, if not further limited by the freight forwarding conditions
of the country of origin/destination, when IFF, Inc. acts as agent of
foreign freight forwarders.
If open account privileges are granted, all invoices are automatically
due within 10 days of invoice date. Any late payment will be subject
to interest of 1.5% per calendar month. Accounts over 30 days past
due against any invoices which are open, are subject to any open account
privilege being automatically revoked. Accounts over 30 days past due
are subject to suspension and IFF, Inc., reserves the right to hold
shipments in transit as collateral against any past due invoices which
are owed.
Marine insurance is not covered by IFF, Inc. We recommend to all of
our clients to secure coverage for all of their shipments and are glad
to provide a quotation upon request.
IFF, Inc. conforms to the United States Shipping Act, based on the current
rules and regulations. The importer of record must furnish missing documents
within the period of time as required by customs regulations to avoid
U.S. Custom penalties. If you are the importer of record, payment to
the broker will not relieve you of liability for Customs charges (duties,
taxes or other debts owed Customs) in the event the charges are not
paid by the broker.
Therefore, if you pay by check, Customs charges may be paid with a separate
check payable to the "U.S. Customs Service" which shall be delivered
to Customs by broker within eight (8) days of entry date or to arrange
for automatic payments by ACH. We are glad to assist in case of questions.
IFF, Inc.
EMAIL DISCLAIMER
All emails and any files transmitted
with them, may contain legally privileged and confidential information
intended solely for the use of the individual or entity to whom they
are addressed. If you have received an email in error please notify
the system manager and sender by phone or electronic mail and delete
the message and all copies and backups thereof. If the reader of the
message is not the intended recipient, you are hereby notified that
any reading, dissemination, distribution, copying, or other use of the
email message or its attachments is strictly prohibited. Please note
that any views or opinions presented in the email are solely those of
the author and do not necessarily represent those of the company. Finally,
the recipient should check the email and any attachments for the presence
of viruses. The company accepts no liability for any damage caused by
any virus transmitted by emails.
QUOTATION DISCLAIMER ALL OF IFF'S QUOTATIONS ARE BASED ON TODAY'S AND
GLOBAL CONDITIONS, TARIFFS, RULES AND REGULATIONS, AS WELL AS RATES,
EXCHANGE RATES AND SURCHARGES IN FORCE. IFF ACTS ON BEHALF OF FOREIGN
AGENTS AND THEIR FREIGHT FORWARDING CONDITIONS. OUR QUOTATION IS SUBJECT
TO CONFIRMATION AT THE TIME OF ACCEPTANCE.
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