Terms and Conditions
Any disputes arising from the use of this site shall be governed exclusively by the laws of the province of Quebec and the applicable laws of Canada and the user expressly consents to the exclusive forum, jurisdiction and venue of the courts of Quebec.
Delmar will use reasonable efforts to include accurate and up to date information on this site but makes no representations or warranties of any kind, either express or implicit, including but not limited to performance, fitness for a particular purpose, non infringement or with respect to the accuracy, currency or completeness of the information provided. As laws and regulations are continually changing and can only be interpreted in light of particular factual situations, nothing herein shall to any extent substitute for the independent investigations and business judgment of the reader.
This site is provided as a service to its users and Delmar reserves itself the right to modify or delete its content at any time without prior notice. As you are bound by any such revisions you should therefore periodically visit this page to review the then current terms and conditions.
The information on this site is intended to provide general information and guidance (on matters of interest) for the reader. The content herein should not be interpreted as providing a professional opinion or advice. As such it should not be used as a substitute for consultation. For detailed information specific to your situation and requirements, please contact a Delmar representative.
Delmar or any of its affiliates, directors, officers, employees or other representatives will not be liable for any damages or injuries resulting from access to or inability to access or reliance upon information provided on this website. Nor will Delmar be liable for any direct, incidental, consequential, indirect, punitive or other damages arising out of your use of this website or any errors or omissions in the content thereof, including, without limitation, lost profits, business interruption and loss of programs or other data.
Delmar shall not be liable for any damages resulting from or caused by any part of the content of this website and, specifically with respect to "DelTrac" or other shipment tracking services and their use, assumes no liability for any monetary or other damages that may be caused or may be alleged to have arisen by or through any failure of performance, error, omission, interruption, deletion, defect or delay in operation or transmission related thereto.
Status of Links
For your convenience and information, we have provided you with links to other websites. Delmar declines all responsibility for the content of any such other site(s) and makes no representations, warranty or assurance regarding the comprehensiveness, currency or accuracy of their content. When you decide to leave this site and access a third-party site, you do so with full knowledge of this fact and agree to assume the risks inherent in doing so.
Use of Site
You may view and download the information on this site only for your own personal, non-commercial or educational use. Any other use, modification or duplication of this website or its contents in whole or in part, without the prior written permission of Delmar is prohibited and then only in such a way that the source and intellectual property rights are acknowledged. For permission to reproduce any contents of this website for any public or commercial purpose, please e-mail us at firstname.lastname@example.org.
This site is protected by copyright. Therefore you may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on it without first obtaining permission of the copyright holder. You may not otherwise use this site in a manner which is contrary to law or etiquette or which would adversely impact use of the site by others.
The material contained in this website is protected by the copyright laws of Canada and international law. It is owned by Delmar together with any other intellectual property in such material, unless otherwise indicated. All rights reserved.
The Delmar Group (Delmar) recognizes that protecting privacy is everyone's concern and for that reason, Delmar is committed to keeping its clients' information confidential. Any information provided by visitors to this website will not be disclosed to any third party except as may be required for the provision of services or for legal or regulatory purposes.
Information Collection & Use
Delmar sometimes collects information of a general nature which may include, but is not restricted to, your internet service provider's domain name, type of browser and operating system used, the date/time and the pages viewed. Such information may be aggregated for technical analysis and diagnostics, or to measure site usage and improve our service.
As sole owner of the information collected on this website, Delmar shall take all reasonable and necessary precaution to ensure that personal data remains confidential. Delmar will not sell, rent or dispose in any manner, this information to third parties except as disclosed in this policy or agreed upon individually in a separate agreement.
Delmar's Trucking Bill of Lading
Conditions of Carriage
- 1. Liability of Carrier:
- 2. Liability of Originating and Delivering Carriers:
- 3. Recovery from Connecting Carrier:
- 4. Remedy by Shipper or Consignee:
- 5. Exemptions from Liability:
- 6. Delay:
- 7. Routing by Carrier:
- 8. Stoppage in Transit:
- 9. Valuation:
- 10. Maximum Liability:
- 11. Shipper's Risk:
- 12. Notice of Claim:
- 13. Articles of Extraordinary Value:
- 14. Freight Charges:
- 15. Dangerous Goods:
- 16. Undelivered Goods:
- 17. Return of goods:
- 18. Alterations:
- 19. Weights:
- 20. C.O.D. Shipments:
- 21. All other specifications agreed to by the parties shall be indicated on the bill of lading.
- 22. Liability for all Domestic and International Air Freight:
The carrier of the goods herein described is liable for any loss of or damage to goods accepted by him or his agent except as hereinafter provided.
Where a shipment is accepted for carriage by connecting carriers, the carrier issuing the bill of lading, hereinafter called the originating carrier, and the carrier who assumes responsibility for delivery to the consignee, hereinafter called the delivering carrier, in addition to any other liability hereunder, are liable for any loss of or damage to the goods while they are in the custody of any other carrier to whom the goods are or have been transferred and from which liability the other carrier is not relieved.
The originating carrier or the delivering carrier, as the case may be, is entitled to recover from any other carrier to whom the goods are or have been transferred, the amount of the loss or damage that the originating carrier or delivering carrier, as the case may be, may be required to pay hereunder, resulting from loss or damage to the goods while they were in the custody of such other carrier. When shipments are interlined between carriers, settlement of concealed damage claims shall be prorated on the basis of revenues received.
Nothing in section 2 or 3 deprives a shipper or a consignee of any rights he may have against any carrier.
The carrier shall not be liable for loss, damage or delay to any of the goods described in the bill of lading caused by an act of God, the Queen's or public enemies, riots, strikes, a defect or inherent vice in the goods, the act or default of the shipper, owner or consignee, authority of law, quarantine or differences in weights of grain, seed, or other commodities caused by natural causes.
No carrier is bound to transport goods by any particular vehicle or in time for any particular market or otherwise than with due dispatch, unless by agreement specifically endorsed on the bill of lading and signed by the parties thereto.
In case of physical necessity where the carrier forwards the goods by a conveyance that is not a licensed rental vehicle, the liability of the carrier is the same as though the entire carriage were by licensed rental vehicle.
Where goods are stopped and held in transit at the request of the party entitled to do so, the goods are held at the risk of that party.
Subject to section 10, the amount of any loss or damage for which the carrier is liable, whether or not the loss or damage results from negligence, shall be computed on the basis of: (a) the value of the goods at the time of shipment including the freight and other costs if paid; or (b) where a value lower than that referred to in paragraph a has been represented in writing by the shipper or has been agreed upon, such lower value shall be the maximum liability.
Save for the exception of airfreight goods as described in section 22 below, the amount of any loss or damage computed in accordance with the provisions of paragraph a or b of section 9 must not exceed $4.41(CAD) per kilogram, ($2.00 per pound) depending on the total weight of the shipment, unless the shipper has declared a higher value on the front of the bill of lading.
Where it is agreed that the goods are carried at the risk of the shipper of the goods, such agreement covers only such risks as are necessarily incidental to transportation and the agreement shall not relieve the carrier from liability for any loss or damage or delay which may result from any negligence to act or omission of the carrier, his agents or employees and the burden of proving absence of negligence shall be on the carrier.
(1) No carrier is liable for loss, damage or delay to any goods carried under the bill of lading unless notice thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or the delivering carrier within 60 days after the delivery of the goods, or, in the case of failure to make delivery, within 9 months from the date of shipment.
(1) (2) The final statement of the claim must be filed within 9 months from the date of shipment together with a copy of the paid freight bill.
No carrier is bound to carry any documents, specie or any articles of extraordinary value unless by a special agreement to do so. If such goods are carried without a special agreement and the nature of the goods is not disclosed herein, the carrier shall not be liable for any loss or damage in excess of the maximum liability stipulated in section 10 above.
(1) If required by the carrier, the freight and all other lawful charges accruing on the goods shall be paid before delivery and, if upon inspection, it is ascertained that the goods shipped are not those described in the bill of lading, the freight charges must be paid upon the goods actually shipped with any additional charges lawfully payable thereon.
(2) Freight charges are payable on delivery, unless otherwise specified by the shipper on the bill of lading.
Every person, whether as principal or agent, shipping explosives or dangerous goods without previous full disclosure to the carrier as required by law, shall indemnify the carrier against all loss, damage or delay caused thereby, and such goods may be warehoused at the shipper's risk and expense.
(1) Where, through no fault of the carrier, the goods cannot be delivered, the carrier shall immediately give notice to the shipper and consignee that delivery has not been made, and shall request disposal instructions.
(2) Pending receipt of such disposal instructions:
(a) the goods may be stored in the warehouse of the carrier, subject to a reasonable charge for storage; or
(b) provided that the carrier has notified the shipper of his intention, the goods may be removed to, and stored in public or licensed warehouse at the expense of the shipper without liability on the part of the carrier and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage.
Where notice has been given by the carrier in accordance with paragraph 1 of section 16, and no disposal instructions have been received within 10 days from the date of such notice, the carrier may return to the shipper, at the shipper's expense all undelivered shipments for which such notice has been given.
Subject to section 19, any limitation on the carrier's liability on the bill of lading, and any alteration, or addition or erasure in the bill of lading shall be signed or initialed by the shipper or his agent and the originating carrier or his agent and unless so acknowledged shall be without effect.
It shall be the responsibility of the shipper to show correct shipping weights of the shipment on the bill of lading. Where the actual weight of the shipment does not agree with the weight shown on the bill of lading, the weight shown thereon is subject to correction by the carrier.
A carrier shall not deliver a C.O.D. shipment unless payment is received in full. The charge for collecting and remitting the amount of C.O.D. bills for C.O.D. shipments must be collected from the consignee unless the shipper has otherwise so indicated and instructed on the bill of lading.
A carrier shall remit all C.O.D. monies to the shipper or his agent within 15 days after collection.
A carrier shall keep all C.O.D. monies separate from the other revenues and funds of his business in a separate trust fund or account.
A carrier shall include as a separate item in his tariff of rates the charges for collecting and remitting money paid by consignees.
Shall be limited to $1.10 (CAD) per kilogram ($0.50 per pound) to a maximum of $100 (CAD) unless a maximum value of $5000 (CAD) has been declared for insurance purposes and additional charges paid.
Delmar's trucking Bill of Lading was last updated on October 5th, 2007.
CSCB Standard Trading Conditions
Standard Trading Conditions
These are the Standard Trading Conditions which govern the business practices of members of the Canadian Society of Customs Brokers. Both the Client and the Customs Broker agree to be bound by the Agency Agreement and Power of Attorney including the Standard Trading Conditions unless or until one of the parties advises the other in writing to the contrary subject to the provisions of paragraph 8 of the Standard Trading Conditions.
"Canada Customs" means the Canada Border Services Agency, any other Department or Agency, and any other successor Department or Agency of the Government of Canada or any Province thereof having jurisdiction over imports and exports.
"Client" is any person, firm, association or corporation at whose request or on whose behalf, either directly or indirectly, the Customs Broker undertakes any business or provides advice, information or services. "Customs Broker" is the person, firm or corporation licensed by the Canada Border Services Agency, or other authorized body, to engage in the business of a Customs Broker.
"Customs Duties" means any duties, taxes and levies on imported goods under the Customs Act, the Customs Tariff, the Excise Act, the Excise Tax Act, the Special Import Measures Act or any other law relating to customs, excluding any penalties, interest or fines imposed under any of the aforesaid acts or any other law relating to customs.
"Disbursements" means any payment made by the customs broker, on behalf of the client, for any product or service rendered in connection with the facilitation of the import and export of goods but not limited to Customs Duties, taxes, freight, storage, penalties, interest and fines and any other payments, including payments for goods on COD shipments made by the Customs Broker on behalf of the Client.
"Services" shall mean those customs broker services in Annex A which are agreed to by the Client and the Customs Broker.
2. Fees and Disbursements
(a) The fees for Services shall be in accordance with the fee schedule as agreed upon between the Client and the Customs Broker as amended from time to time.
(b) The Client shall pay to the Customs Broker all fees charged for the Services rendered by the Customs Broker to the Client.
(c) Disbursements incurred by the Customs Broker on behalf of the Client shall be reimbursed to the Customs Broker by the Client.
3. Invoicing and Payment
(a) The Customs Broker shall issue invoices to the Client for all fees and Disbursements pertaining to Services rendered to and on behalf of the Client.
(b) All such invoices shall be payable upon receipt, or as otherwise agreed, by the Client.
(c) Interest on all late payments shall be paid at the rate set by the Customs Broker, as amended from time to time, upon which interest shall be charged commencing 14 days after the invoice date or as otherwise agreed.
(d) In the event of default of payment by the Client, the Customs Broker, in addition to any other legal rights and remedies shall have the right to retain, in its possession, all goods of the Client which are currently in its possession and all goods of the Client which may, in the future, come into its possession. The right of possession shall include the right to sell the goods by public auction in the event that such default shall continue for a period of 45 days.
4. Advancement of Funds
(a) Upon request by the Customs Broker, the Client shall provide to the Customs Broker, prior to the release of a shipment of the goods imported by the client, sufficient funds to enable the Customs Broker to pay on behalf of the Client all Disbursements that are estimated by the Customs Broker to be payable on such shipment.
(b) If, at any time, the Customs Broker or Canada Customs determines that additional funds are required with respect to goods imported by the Client, the Client shall upon demand advance such additional funds to the Customs Broker.
(c) If after payment of Disbursements by the Customs Brokers concerning the goods imported by the Client any balance of funds remains outstanding to the credit of the Client, the Customs Broker shall return to the Client, unless instructed by the Client to the contrary, any remaining balance of funds.
(d) If the Client fails to advance funds to the Customs Broker upon request by the Customs Broker as aforesaid, the Customs Broker shall have no obligation with respect to rendering Services concerning the goods for which advance funds had been requested by the Customs Broker.
5. Duties and Responsibilities of the Client
(a) The Client shall:
i. provide to the Customs Broker all information necessary for the Customs Broker to provide the Services set out herein, including all information required to complete Canada Customs documentation and/or data requirements;
ii. promptly review all documentation and/or data and notify the Customs Broker of any inaccuracies, errors or omissions found therein and advise the Customs Broker promptly and within the time periods set out in paragraph 7 hereof;
iii. reimburse, indemnify and save harmless the Customs Broker with respect to any of the matters set out in subparagraph (c) thereof;
iv. indemnify and save harmless the Customs Broker against any and all actions, claims, suits or demands of any nature whatsoever arising from third party claims which result from inaccuracies, mistakes or omissions in the information and documentation provided to the Customs Broker by the Client or its agents and relied upon by the Customs Broker.
(b) The Client warrants that it is the importer, exporter, or owner of the goods for which it has retained the Customs Broker; that it has full power and authority to retain, appoint as attorney and instruct the Customs Broker; and that all information provided to the Customs Broker shall be complete, true and accurate and acknowledges that the Customs Broker shall be relying on such information to provide the services set out herein;
The Client shall be solely liable for:
i. any and all Disbursements made by the Customs Broker on behalf of the Client;
ii. any Customs Duties, fines, penalties, interest or other levies imposed by Canada Customs or other Government Departments with respect to the goods imported or to be imported into Canada, or exported or to be exported from Canada, by the Client;
iii. any loss or damage incurred or sustained by the Customs Broker in relation to the provision of services to the Client herein.
6. Duties and Responsibilities of the Broker
(a) The Customs Broker shall at all times provide Services in a timely and professional manner in accordance with the generally accepted standards of the Canadian customs brokerage industry and in compliance with all applicable laws and regulations of Canada and any Province or Territory thereof.
(b) All information pertaining to the Client shall be kept confidential by the Customs Broker and his sub-agent, if applicable, and shall only be released to Canada Customs as required by law, subject to instructions from the Client to the Customs Broker to release the information to third parties.
(c) The Customs Broker shall take all reasonable steps to provide Services in accordance with the instructions from the Client, provided however, that should the Customs Broker reasonably consider that it is in the interest of the Client to depart from the Client's instructions, the Customs Broker shall have the authority to do so and shall be indemnified and saved harmless by the Client for so doing.
(d) The Customs Broker shall provide to the Client in respect of each transaction or summary accounting made on the Client's behalf a copy of the accounting documents and/or data pertaining thereto.
(e) The Customs Broker shall promptly account to the Client for funds received to the extent that these funds are:
i. for the credit of the Client from the Receiver General for Canada, or
ii. from the Client by way of advances provided in paragraph 4 hereof in excess of the Disbursements payable in respect to the Client's business with Canada Customs or other Government Departments.
(f) The Customs Broker shall not be liable for any error in judgment or for anything which it may do or refrain from doing or for any resulting or consequential damage or loss caused by the negligence of the Customs Broker or by an act of God or other act or cause beyond the reasonable control of the Customs Broker. The Customs Broker shall not be liable for any failure to provide the Services which is a result of the operation of the applicable laws of Canada or any other country or a change in the policies of Canada Customs.
7. Errors and Omissions
Any errors or omissions on Canada Customs documents and/or data transmissions must be reported in writing to the Customs Broker by the Client as soon possible but in any event within 10 days of receipt of the documents and/or data. The Customs Broker shall not be responsible for any errors or omissions unless the same are reported to the Customs Broker within the said 10-day period.
In the event that the Agency Agreement and Power of Attorney is terminated and there are any outstanding matters pertaining to the Client for which the Customs Broker has been engaged by the Client and for which the Customs Broker remains liable, the Agency Agreement and Power of Attorney shall continue in force with respect to such matters until such matters are concluded and payment by the Client to the Customs Broker of such funds as may be required to satisfy all outstanding payment liabilities of the Customs Brokers to Canada Customs and others (including all Fees and Disbursements) has been made by the Client.
9. Governing Law
These conditions shall be governed by the laws of the Province within Canada, or Territory, within which the Customs Broker has its principal place of business and the Client hereby irrevocably attorns to the Courts of such Province or Territory. The General Agency Agreement and these conditions shall ensure to the benefit of and be binding upon the parties and their respective executors, administrators, successors and assigns.
Each of the clauses of these Standard Trading Conditions is and shall be deemed to be separate and severable and if any provision or part of these conditions is held for any reason to be unenforceable, the remainder of these Standard Trading Conditions shall remain in full force and effect. 09/01.
Customs Broker Services
The Customs Broker will provide to the Client import and export related services when requested by the Client and accepted by the Customs Broker. These may include:
(i) assisting the Client in the preparation of information required by Canada Customs with respect to the importation of goods into Canada by the Client or the exportation of goods from Canada by the Client;
(ii) presenting information, by any acceptable means, on behalf of the Client to Canada Customs required to release and/or account for the Client's goods including information as may be required for in-bond transportation within Canada;
(iii) paying requisite Customs Duties and disbursements by or on behalf of the Client and obtaining release of the goods from Canada Customs;
(iv) making arrangements for delivery of the goods;
(v) assisting the Client in preparing and presenting information required by domestic and foreign jurisdictions with respect to goods exported from Canada by the Client;
(vi) providing information and advice concerning the relevant laws and regulations pertaining to the import into Canada and the export from Canada of the Client's goods;
(vii) providing advice on tariff classification, value for duty, and any other relevant federal or provincial customs requirements;
(viii) providing advice on federal and provincial tax implications, payment options and any other tax requirements concerning the Client's imported goods;
(ix) providing advice concerning Customs Duties refunds, drawbacks, and remissions, as well as appeals of tariff classification or value for duty decisions of Canada Customs.
(x) preparing and filing Customs Duties refunds, appeals, drawbacks and remission applications; all the foregoing at the instructions of and on behalf of the Client;
(xi) providing advice and assistance to the Client on matters pertaining to the seizure, detention, and forfeiture of goods;
(xii) providing advice and assistance on all other matters necessary and incidental to the foregoing Services.
CNCBFAA Terms & Conditions of Service
These terms and conditions of service constitute a legally binding contract between the “Company” and the “Customer”. In the event the Company renders services 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. “Company” shall mean Delmar International (N.Y) Inc. and related companies, its subsidiaries, related companies, agents and/or representatives;
- 2. “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;
- 3. “Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or electronic form; “Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight forwarder” and a “non-vessel operating carrier”;
- 4. “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”.
Company as agent
- 1. 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 and security 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 of Actions
- 1. (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,
- 2. within ninety (90) days of the event given 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.
- 3. (b) All suits against Company must be filed and properly served on Company as follows:
- 1. For claims arising out of ocean transportation, within one (1) year from the date of the loss;
- 2. For claims arising out of air transportation, within two (2) years from the date of the loss;
- 3. 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);
- 4. 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 Services of Third Parties and/or Routes.
- 1. 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
- 1. 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 in writing agrees 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
- 1. Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with U.S. Customs & Border Protection, other Government Agency and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on Customers behalf;
- 2. In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or other required data, 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 ensure 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, incomplete or false statement by the Customer or its agent, representative or contractor 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. livery and/or storage or otherwise”.
7- Declaring Higher Value To Third Parties
- 1. 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, subject to the terms of the third party’s limitations of liability and/or terms and conditions of service.
- 1. 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
- 1. Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;
- 2. 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 therefor, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).
- 3. In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following:
- 1. Where the claim arises from activities other than those relating to customs business, $50.00 per shipment or transaction, or
- 2. 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;
- 4. 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, or for the acts of third parties.
10- Advancing Money
- 1. 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
- 1. The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability, fines, penalties and/or attorneys’ fees arising from the importation or exportation of customers merchandise and/or any conduct of the Customer, including but not limited to the inaccuracy of entry, export or security data supplied by Customer or its agent or representative, 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, penalties, fines 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
- 1. Company shall use reasonable care regarding written instructions relating to “Cash/Collect on Deliver (C.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refuses to pay for the shipment.
12- C.O.D. or Cash Collect Shipments
- 1. Company shall use reasonable care regarding written instructions relating to “Cash/Collect on Deliver (C.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refuses to pay for the shipment.
13- Costs of Collection
- 1. 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
- 1. 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;
- 2. 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.
- 3. 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
- 1. Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC §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.
- 1. 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
- 1. 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
- 1. 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
- 1. 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.
- 1. 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. Company’s decision to waive any provision herein, either by conduct or otherwise, shall not be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision herein.
21- Governing Law; Consent to Jurisdiction and Venue
- 1. These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of New York without giving consideration to principals of conflict of law. Customer and Company
- 1. Irrevocably consent to the jurisdiction of the United States District Court and the State courts of New York;
- 2. Agree that any action relating to the services performed by Company, shall only be brought in said courts;
- 3. Consent to the exercise of in personam jurisdiction by said courts over it, and
- 4. Further agree that any action to enforce a judgment may be instituted in any jurisdiction.
© Approved by the National Customs Brokers and Forwarders Association of America, Inc. (Revised 07/08)