(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 shipment, will be handled by Farias & Farias, Inc. Lic.
U.S. Customs Brokers (hereinafter called the "Company") on the
following terms and conditions:
1. Services by Third Parties. Unless the Company carries, stores or otherwise
physically handles the shipment, and 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 8 and subject to the
limitation of liability set forth in paragraph 8 below unless a separate bill
of lading, air waybill or other contract of carriage is issued by the Company,
in which event the terms thereof hall 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 of 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 held
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, 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 constructed 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 comply with U.S. laws or regulations, or if the information or
documents furnished are inaccurate or incomplete, the Company shall be
obligated only to use its best judgment in connection with the shipment and in
instance shall be charged with knowledge by the Customer of the true
circumstances to which such inaccurate, incomplete, or omitted information or
document pertains. 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 furnish to the Company the commercial
invoice in proper form and number, a proper consular of that bond.
(b) On an export at a reasonable time prior to 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 paragraphs 8-9 below. 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 or
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, incomplete
statement, omission or any failure to make timely presentation, even if not
due to any negligence of the Customer.
6. Declaring Higher Valuation. Inasmuch 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 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
paragraphs 8-9 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
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 of 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 Liability for Loss, etc.
(a) The Customer agrees that the Company shall only be liable for any loss,
damage, expense or delay to the goods resulting from the negligence or other
fault of the Company; such liability shall be limited to an amount equal to
the lesser of fifty dollars ($50.00) per entry or shipment or the fee(s)
charged for the services, provided that, in the case of partial loss, such
amount will be adjusted pro rata;
(b) Where the Company issues its own bill of lading and receives freight
charges as its compensation, Customer has the option of paying a special
compensation and increasing the limit of Company's liability up to the
shipment's actual value: however, such option must be exercised by written
agreement, entered into prior to any covered transaction(s), setting forth the
limit of the Company's liability and the compensation received;
(c) In instances other than in (b) above, unless the Customer makes specific
written arrangements with the Company to pay special compensation and declare
a higher value and Company agrees in writing, liability is limited to the
amount set forth in (a) above;
(d) Customer agrees that the Company shall, in no event be liable for
consequential, punitive, statutory or special in excess of the monetary limit
provided for above.
9. Presenting Claims. Company shall not be liable under paragraph 8 for any
claims not presented to it in writing within 90 days of either the date of
loss or incident giving rise to the claim; no suit to recover for any claim or
demand hereunder shall be maintained against the Company unless instituted
within six (6) months after the presentation of the said claim or such longer
period provided for under statute(s) of the State having jurisdiction of the
matter.
10. 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.
11. 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, fines, 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 attorney
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.
12. 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 such 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.
13. 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) 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.
14. 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 to the Company, upon recovery by the Company, the Customer
shall pay the expenses of collection and/or litigation, including a reasonable
attorney fee.
15. No Responsibility for Governmental Requirements. It is the responsibility
of the Customer to know and comply with the marking requirements of the U.S.
Customs 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.
16. Indemnity Against Liability Arising from the Importation of Merchandise.
The Customer agrees to indemnify and hold the Company harmless from any claims
and/or liability arising from the importation of merchandise which violates
any federal, state and/or other laws or regulations 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 attorney's
fees, which the Company may hereafter incur, suffer or be required to pay by
reason of claims by any government agency or private party. In the event that
any action, suit or proceeding is brought against the Company by any
government agency or any private party, the Company shall give notice in
writing to the Customer by mail at its address on file with the Company. Upon
receipt of such notice, the Customer at its own expense shall defend against
such action and take all steps as may be necessary or proper to prevent the
obtaining of a judgment and/or order against the Company.
17. 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 at fault, as aforesaid, its liability is
limited in accordance with the provisions of paragraphs 8-9 above.
18. Construction of Terms and Venue. The foregoing terms and conditions shall
be construed according to the laws of
the State of Texas. 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 Laredo.
19. Except for Customs entries and duties we are independent contractors.
20.
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 severe government
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
actions.
Approved by the National Customs Brokers &
Forwarders Association of America, Inc.
(Revised 6/94)