Terms & Conditions | Shipafreight.com

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 documents shall govern those services.


Definitions



  1. Company shall mean Agility Logistics AG its subsidiaries related companies agents andor 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;

  4. Government Agency shall mean any government or regulatory body which may have laws regulations orders directives programs etc.. with jurisdiction over the goods in transit andor services provided by Company..

  5. Ocean Transportation Intermediaries OTI shall include an ocean freight forwarder and a nonvessel operating carrier.

  6. 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.



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 in any capacity other than as a carrier.


Limitation of Actions.



  1. 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 ninety (90) 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

  2. All suits against Company must be filed and properly served on Company as follows

    1. For claims arising out of ocean transportation within one1 year from the date of 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 andor submission of an import entrys within seventy five 75 days from the date of liquidation of the entrys

    4. For any and all other claims of any other type within two 2 years from the date of the loss or damage ..


No Liability for the Selection or Services of Third Parties andor 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 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 action(s) and/or inaction(s) of such third parties and/or their 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..


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. In the event any quotation, including but not limited to rate quotes, provided via Agility’s online platform Shipa Freight is erroneous as a result of a clerical error or a technical glitch, such quotation shall not be binding upon the Company. Company shall be entitled to correcting the inaccurate quotation at any time..


Reliance On Information Furnished.



  1. Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with the applicable Customs Service, other Government Agency and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration filed on Customers behalf.

  2. In preparing and submitting custom entries, export declarations, applications, security filings, documentation and/or other required data to any Government Agency and/or third party, the Company relies on the correctness of all documentation, whether in written or electronic format, an all information furnished by Customer; Customer shall use reasonable care to insure 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 or false statement by the Customer 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..

  3. 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..


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 the 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.


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.


Disclaimers Limitation of Liability



  1. Except as specifically set forth herein Company makes no express or implied warranties in connection with its services

  2. Customer agrees that in connection with any and all services performed by the Company, the Company shall only be liable for its negligent acts, which are direct and proximate cause of any injury to Customer, including loss or damage to Customer’s goods, and Company shall in no event be liable for the acts of third parties;

  3. 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 therefore which request must be confirmed in writing by the Company prior to rendering services for the covered transactions.

  4. In the absence of additional coverage under c above the Companys liability shall be limited to the following

    1. where the claim arises from activities other than those relating to customs brokerage, $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

  5. 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


Advancing Money.



All charges must be paid by Customer in advance unless Company agrees in writing to extend credit to Customer the granting of all credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.


Indemnification Hold Harmless.



The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability, fines, penalties and/or attorney’s fees arising from the importation or exportation of Customer’s merchandise and/or any conduct of the Customer, including but not limited to inaccuracy of entry, export or security data supplied by Customer or its agent or representative, which violates any national, state, provincial, and/or other applicable laws, 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 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.


COD or Cash Collect Shipments.



Company shall use reasonable care regarding written instructions relating to CashCollect on Deliver COD shipments bank drafts cashiers andor certified checks letters of credit and other similar payment documents andor instructions regarding collection of monies but shall have not liability if the bank or consignee refuses to pay for the shipment.


Cost of Collection.



In any dispute involving monies owed to Company the Company shall be entitled to all costs of collection including reasonable attorneys 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 .


General Lien and Right to Sell Customers Property



  1. Company shall have a general and 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 and 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.

  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 ongoing storage or other charges, Customer shall notify all parties having an interest in its shipmens of Company's rights andor 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


No Duty to Maintain Records For Customer



Customer acknowledges it has the duty and is solely liable for maintaining all records required under the Customs Service Government Agency andor 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 Government Agency statutes andor regulations but not act as a recordkeeper or recordkeeping agent for Customer .


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


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 .


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 andor cartons etc unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for the same Company shall rely upon and use the cargo weight supplied by Customer .


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 ..


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’s fees..


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, storm, hurricane, power failure 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..


Severability.



In the event any Paragraphs and/or portions hereof is found to be invalid andor unenforceable then in such event the reminder hereof shall remain in full force and effect Companys 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..


Governing Law Consent to Jurisdiction and Venue.



Unless otherwise agreed in writing, actions against Company may be instituted in the jurisdiction in which Company receives or delivers the goods, at Company’s sole choice and discretion and shall be decided according to the laws of the country of that place.