All shipments to or from Grantor, which term shall include the exporter, importer, sender, receiver, owner, consignor, consignee, transferor or transferee of the shipment, will be handled by Logistics Plus Customs Broker Solutions, Inc. and/or Logistics Plus Supply Chain Solutions, LLC (collectively, “LP”), as the case may be, on the following terms and conditions.
1. Service by Third Parties.
Unless LP carries, stores or otherwise physically handles the shipment, the loss, damage, expanse, or delay occurs during such activity, LP 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, trackmen, lightermen, forwarders, customs brokers, agents, warehousemen, and others (collectively, “Third Parties”) to whom it may entrust the goods for transportation, cartage, handling and/or delivery and/or storage or otherwise. When LP 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, air waybill or other contact of carriage is issued by LP, in which event the terms thereof shall govern.
2. Liability Limitation of Third Parties.
LP is authorized to select and engage Third Parties, as required, to transport, store, deal with and deliver the goods, all of whom shall be considered as agent of the Grantor, and the goods may be entrusted to such agencies subject to all conditions as to limitation of liability for loss damage, expense or delay and to all rules, regulation, requirements, and conditions, whether printed, written, or stamped, appearing in bills of lading, receipts or tariffs issued by such Third Parties. LP shall under no circumstances be liable for any loss, damages, expenses or delay to the goods for any reason whatsoever when said goods are in custody, possession, or control of third parties selected by LP 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 Grantor, LP has complete freedom in choosing the means, route and procedure to be followed in the handling, transportation and delivery of the goods. Advice by LP to the Grantor that a particular person or firm has been selected to render services with respect to the goods shall not be construed to mean that LP warrants or represents that such person of firm will render such services.
4. Quotation Not Binding.
Quotation as to fees, rates of duty, freight charges, insurance premiums or other charges given by LP to the Grantor are for informational purpose only and are subject to change without notice and shall not under any circumstances be binding upon LP, unless LP specifically agrees in writing to undertake the handling transportation of the shipment at a specific rate.
5. Duty to Furnish Information.
A. With respect to an import, at a reasonable time prior to entering the goods for U.S. Customs, the Grantor shall furnish to LP 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 useful to establish the dutiable value, the classification, and admissibility pursuant to U.S. law or regulation. If the Grantor 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, LP 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 Grantor shall be deemed bound by the terms of the bond notwithstanding the fact that the bond has been executed by LP as principal, it being understood that LP entered into such undertaking at the instance and on behalf of the Grantor, and the Grantor shall indemnify and hold LP harmless for the consequences of any breach of the terms of the bond.
B. With respect to an export, at a reasonable time prior to the exportation of the shipment, the Grantor shall furnish to LP the commercial invoice in the 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. In connection with both exports or imports, LP shall not in any way be responsible or liable for increased duty, penalty, fine or expense unless caused by the negligence or intentional misconduct of LP, in which event its liability to the Grantor shall be governed by the provisions of paragraph 8. The Grantor shall be bound by and warrants the accuracy of all invoices, documents and information furnished to LP by the Grantor or its agent for export, import, or other purposes and the Grantor agrees to indemnify and hold LP harmless 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 Grantor.
6. Declaration of Higher Value.
Inasmuch as Third Parties to whom the goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charged based on such higher value is agreed to by said Third Party, LP must receive specified written instructions from the Grantor to pay such higher charge based on valuation and the Third Party must accept such higher declared value; otherwise, the valuation placed by the Grantor on the goods shall be considered solely for export or customs purpose and the goods will be delivered to the Third Party subject to the limitations of liability set forth herein in paragraph 8 with respect to any claim against LP and subject to the provisions of paragraph 2 above.
LP will make reasonable effort to effect marine, fire, theft and other insurance upon the goods only after specific written instructions have been received by LP in sufficient time prior to shipment from point of origin, provided Grantor simultaneously states specifically the kind and amount of insurance to be placed. LP does not undertake or warrant that such insurance can or will be placed. Unless the Grantor has its own marine policy and instructs LP to effect insurance under such policy, insurance is to be effected with one or more insurance companies or other underwriters to be selected by LP. 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 LP 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 LP by the Grantor, or that the shipment was insured under a policy in the name of LP. Insurance premiums and the charge of LP for arranging the same shall be at the Grantor’s sole expense. If for any reason the goods are held in warehouse, or elsewhere, the same will not be covered by any insurance, unless LP receives written instructions from the Grantor. Unless specifically agreed in writing, LP assumes no responsibility to effect insurance on any export or import shipment which it does not handle.
8. Limitation of $50 per Shipment.
The Grantor agrees that LP shall in no event be liable for any loss, damage, expense or delay to the goods resulting from the negligence or intentional misconduct of LP for any amount in excess of $50.00 per shipment or custom entry and any partial loss or damage for which LP may be liable shall be adjusted pro rata on the basis of such valuation. The Grantor has the option of paying additional compensation to increase the liability of LP in excess of $50.00 per shipment or custom entry in case of any loss, damage, expense or delay from causes which would make LP liable, such option can be exercised only by specific written agreement made with LP prior to shipment, which agreement shall indicate the limit of LP’s liability and the additional compensation for the added liability.
9. Presenting Claim.
In no event shall LP be liable for any act, omission or default by it in connection with any exportation or importation of goods, unless a claim therefore shall be presented to it at its office within ninety (90) days from date of exportation or importation of the goods in a written statement to 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 LP unless instituted within six (6) months after presentation of said claim. No agent or employee of LP shall have authority to alter or waive any of the provisions of this paragraph.
10. Liability of LP.
It is agreed that any claim or demand for loss, damage, expense or delay shall be only against the Third Party in whose actual custody or control the goods may be at the time of such loss, damage, expense or delay, and that LP shall not be liable or responsible for any claim or demand from any cause whatsoever, unless in each case the goods were in the actual custody or control of LP and the damages alleged to have been suffered are proven to be caused by the negligence or intentional misconduct of LP, its officers or employees, in which event the limitation of liability set forth in paragraph 8 herein shall apply. LP shall not in any circumstances be liable for lost profits or indirect, special, incidental or consequential damages of any kind regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if it has been advised of the possibility of such damages.
11. Advancing Money.
LP shall not be obligated to incur any expense, guarantee payment or advance money in connection with the importation, exportation, forwarding, transporting, insuring, storing, or coopering of the goods unless the same is previously provided to LP by the Grantor on demand. LP shall be under no obligation to advance freight charges, customs duties or taxes on any shipment, nor shall any advance by LP be construed as a waiver of the provisions hereof.
12. Indemnification for Freight, Duties.
In the event that a Third Party, other person or any governmental agency makes a claim or institutes legal action against LP for ocean or other freight, duties, fines, penalties, liquidated damages or other money due arising from a shipment of goods of the Grantor, the Grantor agrees to indemnify and hold LP harmless for any amount LP may be required to pay such Third Party, other person or governmental agency together with reasonable expanses, including attorneys’ fees, incurred by LP in connection with defending such claim or legal action and obtaining reimbursement from the Grantor. The confiscation or detention of the goods by any governmental authority shall not affect or diminish the liability of the Grantor to LP 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 which no instructions for disposition are furnished by the Grantor may be sold or otherwise disposed of without any notice to the Grantor, owner or consignee of the goods, and payment or tender of the net proceeds of any sale after deduction or charges shall be equivalent to delivery. In the event that any shipment is refused or remains unclaimed at destination or at transshipping point in the course of transit or is returned for any reason, the Grantor shall nevertheless pay LP for all charges and expenses in connection therewith. Nothing herein contained shall obligate LP to forward or enter or clear the goods or arrange for their disposal.
14. C.O.D Shipments.
Goods received with Grantor’s or other persons’ instructions to “collect on delivery” C.O.D. by drafts or otherwise, to collect on any specified terms by the time drafts or otherwise, are accepted by LP only upon the express understanding that LP will exercise reasonable care in the selection of a bank, correspondent, Third Party or agent to whom it will send such item for collection, and LP will not be responsible for any act, omission, default, suspension, insolvency or want of care, negligence, or fault of such bank, correspondent, Third Party 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.
LP shall have a general lien on any and all property (and documents relating thereto) of the Grantor in its possession, custody or control or en route, for all claims for charges, expenses or advances incurred by LP in connection with any shipments of the Grantor. If such claim remains unsatisfied for thirty (30) days after demand for its payment is made, LP may sell at public auction or private sale, upon ten (10) days written notice, registered mail to the Grantor, 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 LP. Any surplus from such sale shall be transmitted to the Grantor, and the Grantor shall be liable for any deficiency sale.
16. Compensation of LP.
The compensation of LP for its services shall be included with and is in addition to the rates and charges of all Third Parties and other agencies selected by LP to transport and deal with the goods, and such compensation shall be exclusive of any brokerage, commission, dividends or other revenue received by LP from Third Parties, insurers and others in connection with the shipments. On ocean exports, upon request, LP 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 Grantor for monies due to LP, upon recovery by LP, the Grantor shall pay the expenses of collection and/or litigation, including reasonable attorneys’ fees.
17. Picking up Shipments or Samples.
LP shall not be obligated to pick up a shipment from a Third Party or a sample from U.S. Customs. Should LP render such service for and on behalf of the Grantor, LP shall not be responsible for loss or damage to the shipment unless it is in the actual custody and control of LP, or its employee and the loss or damage is caused by the negligence or intentional misconduct of LP or its employee, in which event the limitation of liability set forth in paragraph 8 herein shall apply.
18. No responsibility for Governmental requirements.
It is the responsibility of the Grantor to know and comply with the requirements of U.S. Customs, the regulations of the U.S. Food and Drug Administration, U.S. Department of Energy, U.S. Environmental Protection Agency and all other requirements of law or official regulations of any other government agencies. LP 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 Grantor to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the Grantor by such an agency.
19. Loss, Damage or Expanse Due to Delay.
Unless the services to be performed by LP on behalf of the Grantor are unduly delayed by reason of the negligence or intentional misconduct of LP, LP shall not be responsible for any loss, damage or expenses incurred by the Grantor because of such delay. In the event LP is negligent or commits intentional misconduct 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 constructed according to the laws of the Commonwealth of Pennsylvania. Unless otherwise agreed in writing by LP, no legal proceeding against LP may be instituted by the Grantor, its assigns, or subrogee except in Erie, Pennsylvania.
Except for Customs imports, exports and duties, the relationship of LP and Grantor pursuant to these terms and conditions is that of independent contractors.
22. Accuracy of Information.
The submission of incomplete or inaccurate information related to an import entry, including description, quantities, weights, purchase prices, discounts, commissions, changed selling prices at time of exportation, assists, country of origin, etc., makes Grantor liable to severe government penalties or sanctions. In the event the information forward to LP, or which accompanied the shipment, does not accurately reflects the entire transaction, it is essential that Grantor immediately notify LP so that LP can take corrective action.
23. Payment of Invoices.
All invoices are due upon receipt and are considered delinquent if not pay within fifteen (15) days from the date of the invoice. All delinquent accounts shall be subject to interest at 1-1/2% per month, or where governed the maximum legal interest allowed by law.
24. U.S. CBP Charges.
If Grantor is the importer of record, payment to LP will not relieve Grantor of liability for U.S. Customs and Border Protection charges (duties, taxes or other debts owed Customs and any additional other government agencies) in the event LP does not pay the charges. Therefore, if Grantor pays by check, U.S. Customs and Border Protection and other government agency charges may be paid with a separate check payable to the “U.S. Customs Service”, which shall be delivered to Customs by LP. In the event Grantor wishes to utilize this procedure, Grantor must contact LP’s office in advance to arrange timely receipt of duty checks.