WAREHOUSING LIABILITY DISCLAIMER
Logistics International legal liability is limited to $50.00 per shipment unless a higher value is declared in advance and a respective insurance premium paid. Such value declaration must be made in writing to Logistics International and confirmed by Logistics International prior to shipment.
TRANSFER OF RISK, LIABILITY, TERM, AND CONDITIONS
"Actual Carrier" (vessel, aircraft, truck, rail, barge, etc) terms, conditions, and liability apply once the goods have been tendered to said carrier.
LOGISTICS INTERNATIONAL, INC.
TERMS AND 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. Definitions.
(a)
"Company"
shall
mean Logistics
International,
Inc.,
its
subsidiaries,
related
companies,
agents
and/or
representatives;
(b)
"Customer"
shall
mean
the person
for
which
the
Company
is
rendering
service,
as
well
as
its
principals,
agents
and/or
representatives,
including,
but
not
limited
to,
shippers,
importers,
exporters,
carriers,
secured
parties,
warehousemen,
buyers
and/or
sellers,
shipper's
agents,
insurers
and
underwriters,
break-bulk
agents,
consignees,
etc.
It
is
the
responsibility
of the
Customer
to
provide
notice
and
copy(s)
of these
terms
and conditions
of
service
to
all
such
agents
or representatives;
(c)
"Documentation"
shall mean
all information
received
directly
or indirectly
from
Customer,
whether
in
paper
or
electronic
form;
(d)
"Ocean
Transportation
Intermediaries"
("OTI")
shall
include
an
"ocean
freight
forwarder"
and
a
"non-vessel
operating
carrier";
(e)
"Third
parties"
shall
include,
but
not
be
limited
to,
the
following:
"carriers,
truckmen,
cartmen,
lightermen,
forwarders,
OTIs,
customs
brokers,
agents,
warehousemen
and
others
to
which
the
goods are
entrusted
for
transportation,
cartage,
handling
and/or
delivery
and/or
storage
or otherwise".
2. Company
as
agent.
The
Company
acts
as
the
"agent"
of
the
Customer
for the
purpose
of
performing
duties
in connection
with
the entry
and
release
of goods,
post
entry
services,
the securing
of
export
licenses,
the
filing
of
export
and
security
documentation
on
behalf
of
the
Customer
and
other
dealings
with
Government
Agencies,
or for
arranging
for transportation
services,
both domestically and internationally or
other
logistics
services
in any
capacity
other
than
as
a carrier.
3. Limitation
of
Actions.
(a) Unless
subject
to a
specific
statute
or international
convention,
all
claims
against
the
Company
for a
potential
or actual
loss,
must
be
made
in
writing
and
received
by
the
Company,
within
sixty
(60)
days
of the
event giving
rise
to
claim;
the
failure
to
give
the
Company
timely
notice
shall
be
a complete
defense
to
any
suit
or action
commenced by
Customer.
(b) All
suits
against
Company
must
be filed
and
properly
served
on
Company
as
follows:
(i)
For
claims
arising out
of ocean
transportation,
within one (1)
year
from
the
date
of
the
loss;
(ii)
For claims arising out of brokering
domestic motor carrier transporatation, within (1) year from the date of
loss;
(iii) For
claims
arising out
of air transportation,
within one
(1)
year
from
the
date
of
the
loss;
(iv)
For
claims
arising out
of the preparation
and/or
submission
of
an import
entry(s),
within
seven
(7)
days
from
the date
of
liquidation
of the
entry(s);
(v)
For
any
and all
other
claims
of any
other
type,
within
one
(1)
year
from
the date
of the
loss or
damage.
4. No
Liability
For
The
Selection
or
Services
of
Third
Parties
and/or
Routes.
Unless
services
are
performed
by
persons
or firms
engaged
pursuant
to
express
written
instructions
from
the
Customer,
Company
shall
use
reasonable
care
in its
selection
of third
parties,
or in
selecting
the
means,
route
and
procedure
to
be
followed
in
the
handling,
transportation,
clearance
and delivery
of the
shipment;
advice
by the
Company
that
a
particular
person
or firm
has
been
selected
to render
services
with
respect
to
the
goods,
shall not be
construed
to
mean
that
the
Company
warrants
or
represents
that such
person
or
firm
will
render
such
services
nor
does
Company
assume
responsibility
or liability
for
any
actions(s)
and/or
inaction(s)
of
such
third
parties
and/or
its agents,
and
shall
not
be
liable
for
any
delay
or loss
of
any
kind,
which
occurs
while
a shipment
is in
the custody
or
control
of a
third
party
or the agent
of a
third
party;
all
claims
in
connection
with
the
Act
of a
third
party
shall be brought solely
against
such
party
and/or
its agents; in
connection
with
any
such
claim,
the
Company
shall reasonably
cooperate
with
the
Customer,
which
shall be liable for
any
charges
or
costs
incurred
by
the
Company.
5. Quotations
Not
Binding.
Quotations
as
to
fees,
rates
of
duty,
freight
charges,
insurance
premiums
or other
charges
given
by the
Company
to
the
Customer
are
for informational
purposes
only
and
are
subject
to change
without
notice;
no quotation
shall
be binding
upon
the
Company
unless
the
Company
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.
(a)
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;
(b)
In
preparing
and
submitting
customs
entries,
export
declarations,
applications,
security
filings,
documentation,
delivery orders
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.
(c)
Customer acknowledges
that
it is
required
to
provide
verified
weights
obtained
on
calibrated,
certified
equipment
of
all cargo
that
is to
be
tendered
to
steamship
lines
and
represents
that
Company
is entitled
to
rely
on
the
accuracy
of
such
weights
and
to
counter-sign
or endorse
it as
agent
of
Customer
in order
to provide
the
certified
weight
to
the
steamship
lines.
The
Customer
agrees
that
it shall indemnify
and
hold
the
Company
harmless
from
any
and
all claims,
losses,
penalties
or other
costs
resulting
from
any
incorrect
or
questionable
statements
of
the
weight
provided
by the
Customer
or its
agent or
contractor
on
which
the
Company
relies.
(d) Customer acknowledges that it is required to advise Company in advance
of its intention to tender hazardous material goods and that it will
otherwise comply with all federal and international hazardous material
regulations.
7. Declaring
Higher
Value
To
Third
Parties.
Third
parties
to
whom
the
goods
are
entrusted
may limit
liability
for
loss or
damage;
the
Company
will
request
excess
valuation
coverage
only upon
specific
written
instructions
from
the
Customer,
which
must
agree
to
pay
any
charges
therefore;
in
the
absence
of
written
instructions
or
the
refusal
of the
third
party
to
agree
to
a
higher
declared
value,
at
Company's
discretion,
the goods
may
be
tendered
to
the
third
party,
subject
to
the
terms
of the
third
party's
limitations
of liability
and/or
terms and
conditions
of
service.
8. Insurance.
Unless
requested
to
do so
in
writing
and confirmed
to
Customer
in
writing,
Company
is under
no
obligation
to
procure
insurance
on Customer's
behalf;
in
all
cases,
Customer
shall pay all premiums
and costs
in connection
with
procuring
requested
insurance.
9. Disclaimers;
Limitation
of
Liability.
(a) Except
as
specifically
set forth
in these terms and conditions, Company
makes
no express
or implied warranties
in connection
with
its
services;
(b) Customer
may
obtain
insurance coverage for cargo loss or damage,
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).
(c)
In all events, the
Company's
liability
shall be
limited
to
the
following:
(i)
where
the
claim
arises
from
activities
other
than
those
relating
to
customs
business,
$50
usd
(fifty
U.S.
dollars)
per shipment
or
transaction,
or
(ii)
where
the
claim
arises
from
activities
relating
to
"Customs
business,"
$50
usd
(fifty
U.S.
dollars)
per entry
or the
amount
of
brokerage
fees
paid
to
Company
for
the
entry,
whichever
is less;
(d) 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.
(e) With respect to domestic
transportation, Company shall not be liable for a motor carrier's failure to
maintain insurance or for the accuracy of any documentation furnished by a
motor carrier to Company or Customer evidencing said coverage.
10.
Advancing
Money.
All charges
must
be paid
by
Customer
in advance
unless
the
Company
agrees
in
writing
to
extend
credit
to
customer;
the
granting
of
credit
to a
Customer
in connection
with
a particular
transaction
shall
not
be considered
a
waiver
of
this
provision
by
the
Company.
11.
Indemnification/Hold
Harmless.
The
Customer
agrees
to
indemnify,
defend,
and
hold
the
Company
harmless
from
any
claims
and/or
liability,
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.
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.
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 Eighteen
percent
(18%)
per annum
or the
highest
rate allowed
by
law,
whichever
is less
unless
a lower
amount
is agreed
to
by
Company.
14.
General
Lien
and
Right
To
Sell
Customer's
Property.
(a)
Company
shall
have
a continuing
lien on
any
and
all
property
and
documents
relating
thereto
of
Customer
coming
into
Company's
actual
or
constructive
possession,
custody
or control
or enroute,
which
lien shall survive
delivery,
for
all
charges,
expenses
or
advances
owed
to
Company
with
regard
to
the
shipment
on
which
the
lien
is claimed,
a prior
shipment(s)
and/or
both.
Customs
duties,
transportation
charges,
and related
payments
advanced
by
the
Company
shall be deemed
paid
in trust
on behalf
of the
Customer
and
treated
as pass
through
payments
made
on behalf
of the
Customer
for
which
the
Company
is acting
as
a mere
conduit
(b)
Company
shall
provide
written
notice
to
Customer
of
its intent
to
exercise
such
lien,
the
exact
amount
of
monies
due
and
owing,
as
well
as
any
on-going
storage
or other
charges;
Customer
shall
notify
all
parties
having an interest in its
shipment(s)
of
Company's
rights
and/or
the exercise
of
such
lien.
(c)
Unless,
within
thirty
days
of
receiving
notice
of lien,
Customer
posts
cash
or letter
of
credit at
sight,
or,
if the
amount due
is in dispute,
an
acceptable
bond
equal
to
110%
of
the
value
of the
total
amount
due,
in
favor
of
Company,
guaranteeing
payment
of
the
monies
owed,
plus
all
storage
charges
accrued
or to
be
accrued,
Company
shall
have
the
right
to
sell
such
shipment(s)
at public
or
private
sale or
auction
and
any
net
proceeds
remaining
thereafter
shall be refunded
to
Customer.
15.
No
Duty
To
Maintain
Records
For
Customer.
Customer
acknowledges
that
pursuant
to Sections
508
and 509
of
the
Tariff
Act,
as amended,
(19
USC
§1508
and
1509)
it has
the
duty
and
is
solely
liable
for
maintaining
all
records
required
under
the
Customs
and/or
other
Laws
and
Regulations
of the
United
States;
unless
otherwise
agreed
to
in
writing,
the
Company
shall
only
keep
such
records
that
it is
required
to
maintain
by
Statute(s)
and/or
Regulation(s),
but
not
act
as
a
"recordkeeper"
or
"recordkeeping
agent"
for
Customer.
16.
Obtaining
Binding
Rulings,
Filing
Protests,
etc.
Unless
requested
by Customer
in
writing
and
agreed
to
by
Company
in
writing,
Company
shall
be
under
no
obligation
to
undertake
any
pre-
or
post-Customs
release
action,
including,
but
not
limited
to,
obtaining
binding
rulings,
advising
of liquidations,
filing of
petition(s)
and/or
protests,
etc.
17.
No
Duty
To
Provide
Licensing
Authority.
Unless
requested
by
Customer
in
writing
and
agreed
to
by
the
Company
in
writing,
Company
shall
not
be
responsible
for determining
licensing authority
or obtaining
any license
or
other
authority
pertaining
to
the
export
from
or import
into
the
United
States
18. Preparation
and
Issuance
of
Bills
of
Lading.
Where
Company
prepares
and/or
issues
a bill
of
lading,
Company
shall
be under
no obligation
to
specify
thereon
the
number
of pieces,
packages
and/or
cartons,
etc.;
unless
specifically
requested
to
do so
in
writing
by
Customer
or its agent
and
Customer
agrees
to
pay
for
same,
Company
shall
rely
upon
and
use
the
cargo
weight
supplied
by Customer.
19.
No
Modification
or
Amendment
Unless
Written.
These
terms
and
conditions
of
service
may
only
be
modified,
altered
or
amended
in
writing
signed
by
both
Customer
and
Company;
any
attempt
to unilaterally
modify,
alter
or
amend
same
shall be null and void.
20.
Compensation
of
Company.
The
compensation
of
the
Company
for
its
services
shall
be included
with
and
is in
addition
to
the
rates
and charges
of
all
carriers
and other
agencies
selected
by
the
Company
to
transport
and
deal
with
the
goods
and
such
compensation
shall
be
exclusive
of
any
brokerage,
commissions,
dividends,
or
other
revenue
received
by
the
Company
from
carriers,
insurers
and others
in connection
with
the
shipment.
On
ocean
exports,
upon
request,
the
Company
shall
provide
a
detailed
breakout
of the
components
of
all
charges
assessed
and
a
true
copy
of each
pertinent
document
relating
to
these
charges.
In any
referral
for
collection
or action
against
the
Customer
for monies
due
the
Company,
upon
recovery
by
the
Company,
the
Customer
shall pay the
expenses
of
collection
and/or
litigation,
including
a
reasonable
attorney fee.
21.
Force
Majeure.
Company
shall not be liable
for losses,
damages,
delays,
wrongful
or
missed
deliveries
or
nonperformance,
in
whole
or in
part,
of
its
responsibilities
under the Agreement,
resulting
from
circumstances
beyond
the
control
of
either
Company
or its
sub-contractors,
including
but
not
limited
to:
(i)
acts
of
God,
including
flood,
earthquake,
tornado, storm,
hurricane,
power
failure,
epidemic or other severe health crisis,
or other
natural
disaster;
(ii)
war, hijacking,
robbery,
theft
or terrorist
activities;
(iii)
incidents
or
deteriorations
to
means
of transportation,
(iv)
embargoes,
(v)
civil
commotions
or riots,
(vi)
defects,
nature
or inherent
vice
of
the
goods;
(vii)
acts,
breaches
of
contract
or omissions
by
Customer,
Shipper,
Consignee
or anyone
else
who
may have
an
interest
in
the
shipment,
(viii)
acts
by
any government
or any
agency
or
subdivision
thereof,
including
denial
or
cancellation
of
any
import/export
or
other
necessary
license;
or
(ix)
strikes,
lockouts
or
other
labor
conflicts.
In such events, Company reserves the right to amend any tariff or negotiated
freight or logistics rates, on one day's notice, as necessary to provide the
requested service..
22.
Severability.
In
the event
any
Paragraph(s)
and/or
portion(s)
hereof
is
found
to
be invalid
and/or unenforceable,
then
in such
event
the
remainder
hereof
shall remain in
Full
force
and effect.
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.
23. Governing Law;
Consent
to
Jurisdiction
and
Venue.
These
terms
and conditions
of
service
and
the
relationship of the
parties
shall
be construed
according
to
the
laws
of the
State
of
Texas
without
giving consideration
to
principles
of
conflict
of law.
Customer
and
Company;
(a)
irrevocably
consent to
the jurisdiction
of the
United
States
District
Court
and
the
State
courts
of Texas
;
(b)
agree
that
any
action
relating
to
the
services
performed
by
Company,
shall
only
be brought
in said
courts;
(c)
consent
to
the
exercise
of
in personam
jurisdiction
by
said
courts
over
it, and
(d)
further
agree
that
any
action
to
enforce
a judgment
may
be
instituted
in any
jurisdiction.
©Approved
by
the
National
Customs
Brokers
and
Forwarders
Association
of America,
Inc.
(Revised
04/16/2020)
