(Please Read Carefully)
All shipments to or from the Customer,
which term shall include the exporter, importer, sender, receiver,
owner, consignor, consignee, transferor or transferee of the
shipments, will be handled by the forwarder and/or custom broker
handling this shipment, (hereinafter called the "Company") on the
following terms and conditions, except if lawfully prohibited in 19
CFR.
1. Services by Third Parties.
Unless the Company carries, stores or otherwise physically handles
the shipment and the loss, damage, expense or delay occurs during
such activity, the Company assumes no liability as a carrier and is
not to be held responsible for any loss, damage, expense or delay to
the goods to be forwarded or imported except as provided in
paragraph 10 and subject to the limitations of paragraph 8 below,
but undertakes only to use reasonable care in the selection of
carriers, truckmen,
lightermen, forwarders, custom brokers, agents, warehousemen
and others to whom it may entrust the goods for transportation,
cartage, handling and/or delivery and/or storage or otherwise. When
the Company carries, stores or otherwise physically handles the
shipment, it does so subject to the limitation of liability set
forth in paragraph 8 below unless a separate bill of lading, airway
bill or other contract or carriage is issued by the Company, in
which event the terms thereof shall govern.
2. Liability Limitations of Third
Parties. The Company is authorized to select and engage
carriers, truckmen,
lightermen, forwarders, customs brokers, agents, warehousemen
and others, as required, to transport, store, deal with and deliver
the goods, all of whom shall be considered as the agents of the
Customer, and the goods may be entrusted to such agencies subject to
all conditions as to limitation or liability for loss, damage,
expense or delay and to all rules, regulations, requirements and
conditions, whether printed, written or stamped, appearing in bills
of lading, receipts or tariffs issued by such carriers,
truckmen,
lightermen, forwarders, customs brokers, agents, warehousemen
and others. The Company shall under no circumstances be liable for
any loss, damage, expense or delay to the goods for any reason
whatsoever when said goods are in custody, possession or control of
third parties selected by the Company to forward, enter and clear,
transport or render other services with respect to such goods.
3. Choosing Routes or Agents.
Unless express instructions in writing are received from the
Customer, the Company has complete freedom in choosing the means in
are received from the Customer, the Company has complete freedom in
choosing the means, route and procedure to be followed in the
handling, transportation and delivery of the goods. Advice by the
Company to the Customer 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.
4. 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 and shall not under any circumstances be binding upon the
Company unless the Company in writing specifically undertakes the
handling or transportation of the shipment at a specific rate.
5. Duty to Furnish Information.
(a) On an import at a reasonable time prior to entering of the goods
for U.S. customs, the Customer shall furnish to the Company invoices
in proper form and other documents necessary or useful in the
preparation of the U.S. Customs entry and, also, such further
information as may be sufficient to establish inter alia, the
dutiable value, the classification, the country of origin, the
genuineness of the merchandise and any mark or symbol associated
with it, the Customer’s right to import and/or distribute the
merchandise, and the merchandise’s admissibility, pursuant to U.S.
law or regulation. If the Customer fails in a timely manner to
furnish such information or documents, in whole or in part, as may
be required to complete U.S. Customs entry, or if the information or
documents furnished is inaccurate or incomplete, the Company shall
be obligated only to use its best judgment in connection with the
shipment. Where a bond is required by U.S. Customs to be given for
the production of any document or the performance of any act the
Customer shall be deemed bound by the terms of the bond
notwithstanding the fact that the bond has been executed by the
Company as principal, it being understood that the Company entered
into such undertaking at the instance and on behalf of the Customer,
and the Customer shall indemnify and hold the Company harmless for
the consequences of any breach of the terms of the bond. (b) On an
export at a reasonable time prior to the exportation of the shipment
the Customer shall furnish to the Company the commercial invoice in
proper form and number, a proper consular declaration, weights,
measures, values and other information in the language of and as may
be required by the laws and regulations of the U.S. and the country of destination
of the goods. (c) On an export or import the Company shall not in
any way be responsible or liable for increased duty, penalty, fine
or expense unless caused by the negligence or other fault of the
Company, in which event its liability to the Customer shall be
governed by the provisions of paragraph 8. The Customer shall be
bound by and warrant the accuracy of all invoices, documents and
information furnished to the Company by the Customer or its agent
for export, entry or other purposes and the Customer agrees to
indemnify and hold harmless the Company against any increased duty,
penalty, fine or expense including attorneys’ fees, resulting from
any inaccuracy or omission or any failure to make timely
presentation, even if not due to any negligence of the Customer.
6. Declaring Higher Valuation.
Insomuch as truckers, carriers, warehousemen and others to whom the
goods are entrusted usually limit their liability for loss or damage
unless a higher value is declared and a charge based on such higher
value is agreed to by said truckers, etc., the Company must receive
specific written instructions from the Customer to pay such higher
charge based on valuation and the truckers, etc., must accept such
higher declared value, otherwise the valuation placed by the
Customer on the goods shall be considered solely for export or
customs purposes and the goods will be delivered to the truckers,
etc., subject to the limitation of liability set forth herein in
paragraph 8 below with respect to any claim against the Company and
subject to the provisions of paragraph 2 above.
7. Insurance. The Company will
make reasonable efforts to effect marine, fire, theft and other
insurance upon the goods only after specific written instructions
have been received by the Company in sufficient time prior to
shipment from point of origin; and the Customer at the same time
states specifically the kind and amount of insurance to be placed.
The Company does not undertake or warrant that such insurance can or
will be placed. Unless the Customer has its own open marine policy
and instructs the Company to effect insurance under such policy,
insurance is to be effected with one or more insurance companies or
other underwriters to be selected by the Company. Any insurance
placed shall be governed by the certificate or policy issued and
will only be effective when accepted by such insurance companies or
other underwriters. Should an insurer dispute its liability for any
reason, the insured shall have recourse against the insurer only and
the Company shall not be under any responsibility or liability in
relation thereto, notwithstanding that the premium upon the policy
may not be at the same rates as that charged or paid to the Company
by the Customer, or that the shipment was insured under a policy in
the name of the Company. Insurance premiums and the charge of the
Company for arranging the same shall be at the Customer’s expense.
If for any reason the goods are held in warehouse, or elsewhere, the
same will not be covered by any insurance, unless the Company
receives written instructions from the Customer. Unless specifically
agreed in writing, the Company assumes no responsibility to effect
insurance on any export or import shipment which it does not handle.
8. Limitation of $50 per shipment.
The Customer agrees that the Company shall in no event be liable for
any loss, damage, expense or delay to the goods resulting from the
negligence or other fault of the Company for any amount in excess of
$50.00 per shipment (or the invoice value, if less) and any partial
loss or damage for which the Company may be liable shall be adjusted
pro rata on the basis of such valuation. The Customer has the option
of paying a special compensation to increase the liability of the
Company in excess of $50 per shipment in case of any loss, damage,
expense or delay from causes which would make the Company liable,
but such option can be exercised only by specific written agreement
made with the Company prior to shipment which agreement shall
indicate the limit of the Company’s liability and special
compensation for the added liability by it to be assumed.
9. Presenting Claims. In no
event shall the Company be liable for any act, omission or default
by it in connection with an exportation or importation, unless a
claim therefor shall be presented to it
at its office within one hundred eighty days (180) days from the
date of exportation or importation of the goods in a written
statement of which sworn proof of claim shall be attached. No suit
to recover for any claim or demand hereunder shall in any event be
maintained against the Company unless instituted within six (6)
months after presentation of said claim, as above provided. No agent
or employee of the Company shall have authority to alter or waive
any of the provisions of this clause.
10. Liability of Company. It is
agree that any claim or demand for loss, damage, expense or delay
shall be only against the carriers, truckmen,
lightermen, forwarders, customs brokers,
agents, warehousemen or others in whose actual custody or control
the goods may be at the time of such loss, damage, expense or delay,
and that the company shall not be liable or responsible for any
claim or demand from any cause whatsoever, unless in each case the
goods were in actual custody or control of the Company and the
damages alleged to have been suffered to be proven to be caused by
the negligence or other fault of the Company, its officers or
employees, in which event the limitation of liability set forth in
paragraph 8 herein shall apply. The Company shall not in any
circumstances be liable for damages arising from loss of profit.
11. Advancing Money. The
Company shall not be obliged to incur any expense, guarantee payment
or advance any money in connection with the importing, forwarding,
transporting, insuring, storing or coopering of the goods, unless
the same is previously provided to the Company by the Customer on
demand. The Company shall be under no obligation to advance freight
charges, customs duties or taxes on any shipment, nor shall any
advance by the Company be construed as a waiver of the provisions
hereof.
12. Indemnification for Freight,
Duties. In the event that a carrier, other person or any
governmental agency makes a claim or institutes legal action against
the Company for ocean or other freight, duties, taxes, penalties,
liquidated damages or other money due arising from a shipment of
goods of the Customer, the Customer agrees to indemnify and hold
harmless the Company for any amount the Company may be required to
pay such carrier, other person or governmental agency together with
reasonable expenses, including attorneys’ fees, incurred by the
Company in connection with defending such claim or legal action and
obtaining reimbursement from the Customer. The confiscation or
detention of the goods by any governmental authority shall not
affect or diminish the liability of the Customer to the Company to
pay all charges or other money due promptly on demand.
13. Sale
of Perishable Goods. Perishable goods or live animals to be
exported or which are cleared through customs concerning for which
no instructions for disposition are furnished by the Customer may be
sold or otherwise disposed of without any notice to the Customer,
owner or consignee of the goods, and payment or lender of the net
proceeds of any sale after deduction of charges shall be equivalent
to delivery. In the event that any shipment is refused or remains
unclaimed at destination or any transshipping point in the course of
transit or is returned for any reason, the Customer shall
nevertheless pay the Company for all charges and expenses in
connection therewith. Nothing herein contained shall obligate the
Company to forward or enter or clear the goods or arrange for their
disposal.
14. C.O.D. Shipments. Goods
received with Customer’s or other person’s instructions to “Collect
On Delivery” (C.O.D.) by drafts or otherwise, or to collect on any
specified terms by time drafts or otherwise, are accepted by the
Company only upon the express understanding that it will exercise
reasonable care in the selection of a bank, correspondent, carrier
or agent to whom it will send item for collection, and the Company
will not be responsible for any act, omission, default, suspension,
insolvency or want of care, negligence, or fault of such bank,
correspondent, carrier or agent, nor for any delay in remittance
lost in exchange, or loss during transmission, or while in the
course of collection.
15. General Lien on Any Property.
The Company shall have a general lien on any and all property (and
documents relating thereto) of the Customer, in its possession,
custody or control or en route, for all claims for charges, expenses
or advances incurred by the Company in connection with any shipments
of the Customer and if such claim remains unsatisfied for thirty
(30) days after demand for its payment is made, the Company may sell
at public auction or private sale, upon ten (10) days written notice
Registered mail (R.R.R.) to the Customer, the goods, wares and/or
merchandise, or so much thereof as may be necessary to satisfy such
lien, and apply the net proceeds of such sale to the payment of the
amount due to the Company. Any surplus from such sale shall be
transmitted to the Customer, and the Customer shall be liable for
any deficiency in the sale.
16. Compensation of Company.
The compensation of the Company for its services shall be included
with an 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 of other revenue received by the Company from
carriers, insurers or others in connection with the shipment. 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 attorney
fee. Upon request, we shall provide a detailed breakout of the
components of all charges assessed and a true copy of each pertinent
document relating to these charges.
17. Picking Up
Shipments of Samples. The Company shall not itself be obligated
to pick up a shipment from a carrier of a sample from U.S. Customs.
Should the Company render such a service for and on behalf of the
Customer, the Company shall not be responsible for loss or damage to
the shipment unless it is in the actual custody and control of the
Company and its employees and the loss or damage is caused by the
negligence or other fault of the Company or its employees, in which
event the limitation of liability set forth in paragraph 8 shall
herein apply.
18. No Responsibility
For Governmental Requirements. It is
the responsibility of the Customer to know and comply with the
marking requirements of the U.S. Customer Service, the regulations
of the U.S. Food and Drug Administration, and all other
requirements, including regulations of Federal, State and/or local
agencies pertaining to the merchandise. The Company shall not be
responsible for action taken or fines or penalties assessed by any
governmental agency against the shipment because of the failure of
the Customer to comply with the law or the requirements or
regulations of any governmental agency or with a notification issued
to the Customer by any such agency.
19. Loss, Damage or Expense Due To
Delay. Unless the services to be performed by the Company on
behalf of the Customer are delayed by reason of the negligence or
other fault of the Company, the Company shall not be responsible for
any loss, damage or expense incurred by the Customer because of such
delay. In the event the Company is a fault, as aforesaid, its
liability is limited in accordance with the provisions of paragraph
8 above.
20. Construction of Terms and Venue.
The foregoing terms and conditions shall be construed according to
the laws of the State shown on the reverse side hereof. Unless
otherwise consented to in writing by the Company, no legal
proceeding against the Company may be instituted by the Customer its
assigns, or subrogee except in the City shown on the reverse side
hereof.
21. Except for Customs entries and
duties, we are independent contractors.
22. The submission of incomplete or
inaccurate information related to an import entry, including
descriptions, quantities, weights, purchase prices, discounts,
commissions, changed selling prices at time of exportation, assists,
country of origin, etc. make you liable to sever governmental
penalties or sanctions. In the event the information forwarded to
us, or which accompanied the shipment does not accurately reflect
the entire transaction, it is essential that you immediately notify
us so that we can take corrective action.
NATIONAL CUSTOMS BROKERS & FORWARDERS
ASSOC. OF AMERICA, INC. – NEW YORK FOREIGN FREIGHT FORWARDERS &
BROKERS ASSOC., INC. – CUSTOMS BROKERS & FORWARDERS ASSOC. OF MIAMI,
INC.– SAN FRANCISCO CUSTOMS BROKERS ASSOC., INC. – CUSTOMS BROKERS
ASSOC. OF CHICAGO, INC. – BOSTON CUSTOMS BROKERS & INTERNATIONAL
FORWARDERS ASSOC. – CUSTOMHOUSE BROKERS & INTERNATIONAL FREIGHT
FORWARDERS ASSOC. OF WASHINGTON STATE – LOS ANGELES CUSTOMS &
FREIGHT BROKERS ASSOC. INC. – CUSTOMS BROKERS ASSOC. NORTHERN U.S.
BORDER – BALTIMORE CUSTOMHOUSE BROKERS & FORWARDERS ASSOC. –
PHILADELPHIA FREIGHT BROKERS FORWARDERS & CUSTOMS
BROKERS ASSOC. – NEW ORLEANS ASSOC.
OF CUSTOMS BROKERS , INC. – DETROIT CUSTOMHOUSE BROKERS & FOREIGN
FREIGHT FORWARDERS ASSOC. – COLUMBIA RIVER
CUSTOMS BROKERS & FOREIGN FREIGHT FORWARDERS ASSOC. – INDEPENDENT
FREIGHT FORWARDERS & BROKERS
ASSOC. OF SAVANNAH, INC. – ASSOC. OF
FORWARDING AGENTS & FOREIGN FREIGHT BROKERS OF MOBILE – CUSTOMS
BROKERS & FREIGHT FORWARDERS ASSOC. OF CHARLESTON, S.C., INC. –
EXPORT-IMPORT ASSOC. OF
VIRGINIA .
CLAUSE II - Charges indicated herein
may include a markup. Upon request we shall provide a detailed list
of the components of these charges and a true copy of any pertinent
document relating to the charges contained in this invoice.
CLAUSE I - Scarbrough International,
Ltd has a policy against payment, solicitation or receipt of any
rebate, directly or indirectly, which would be unlawful under the
United States Shipping Act of 1984.
CLAUSE III - "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 ‘Customs & Border Protection’, which shall be delivered
to Customs by the broker" 19 CFR 111.29 (b).