Freight Broker Terms & Conditions
These Freight Broker Terms and Conditions apply to all orders (each, an “Order”) that a customer (“you” or “Customer”) tenders to Easy Auto Shippers LLC, a New Mexico limited liability corporation (“us,” “we,” or “Easy Auto Shippers LLC”) for the shipment of goods, packages, containers or any other items.
1. Orders. By submitting an Order to us, regardless if made verbally, electronically or by written request, you agree to these terms and conditions for the Order and corresponding shipment(s). Customer agrees and will ensure that Customer’s authorized representatives only will tender Orders to us. Customer is liable for all charges related to an Order and its corresponding shipment(s). We reserve the right, in our sole discretion, to refuse any Order at any time.
2. Role. We are registered as a transportation freight broker with the Federal Motor Carrier Safety Administration (FMCSA), with offices at 120 Madeira Dr. NE Albuquerque, NM 87108. Customer acknowledges that we are not a “motor carrier,” “rail carrier,” “water carrier,” “freight forwarded,” “common carrier,” or “contract carrier” within the meaning of USC Titles 47 and 49. Instead, as a broker, we fulfill Orders by contracting with various freight carriers (each a “Carrier”) for the purpose of arranging for the transportation of Customer’s shipments. The selection of the Carrier to fulfill a particular Order will be at our sole discretion unless we otherwise agree in writing.
3. Bills of Lading. The Customer must use the Bill of Lading (“BOL”) generated by us for each Order. The Customer must timely and fully complete all appropriate documents required for carriage, in light of the services utilized, and the location of the pick-up/destination requested. In the event the Customer fails to timely and properly complete the appropriate documents and or a substitute BOL is needed to complete a shipment, (i) Customer automatically appoints Easy Auto Shippers LLC as the Customer’s attorney-in-fact with full authority to complete, correct, execute, and or replace the documents (and BOL, if applicable) required to complete the shipment, and (ii) we may, but are not required to, complete, correct, execute, and or replace such documents and or BOL. If a substitute form of BOL is needed to complete delivery of a shipment for any reason, the terms of the completed BOL will govern the particular Order and shipment only, and for such Order and shipment, we will have no liability to Customer or any third party. Unless Customer delivers to us a written objection to a BOL prior to the commencement of the shipment, the BOL will be deemed prepared by Customer (regardless if prepared by us or a third party on behalf of Customer), prepared pursuant to Customer’s instructions, and fully approved by Customer.
4. Rates. Rates for Orders are partially determined by the type of transportation that will be utilized. a. Less than Load (LTL) rates are based on the freight class as determined by the National Motor Freight Classification (NMFC) and are weight based. b. Truckload (TL) rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are mileage based. Additional fees may apply for particular charges including, Tractor Detention, Trailer Detention and Driver Assistance. Customer must tender this load to a Carrier at the agreed upon rate, or pay a “truck ordered, not used” penalty at cost. c. Air Freight rates are based on the greater of actual or dimensional weight. If an Air Freight shipment contains oversize freight, additional charges and transit delays may apply. d. Van Line rates are based on mileage, weight (actual or density) and commodity/product type. e. Flatbed rates are based on transport equipment type, mileage and weight. If a shipment includes over dimensional freight, additional charges and transit days may apply.
5. Determination of Charges. The Customer is responsible for all charges payable for Customer’s shipment(s). Such charges may include transportation, fuel and other applicable accessorial charges, any charges made by the Carrier(s) after the shipment, and all duties, customs assessments, governmental penalties, fines and taxes. We will have no obligation to make any payments or honor any rate quotes in any of the following instances: (i) the unauthorized alteration or use of the BOL, or (ii) tendering of shipments to any Carrier other than that designated by us for the Order, or (iii) the use of any BOL not authorized or issued by us. We reserve the right to amend or adjust charges and to re-invoice the Customer in the following events: (a) if the original quoted amount was based upon incorrect information provided by the Customer; (b) if additional services by the Carrier were required; and or (c) if the Customer authorized the Carrier to perform the pickup, transportation and delivery functions other than contemplated by the BOL. 6. Transit Dates and Times. All transit dates and times are estimates only and do not include day of pickup. Pickup dates are not guaranteed. WE CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC DATE OR TIME. 7. Guaranteed Services. Upon request, some of our LTL Carriers may provide guaranteed services for an additional charge. LTL delivery times generally do not begin to run until the day after the pickup of the shipment, except as otherwise noted by the selected Carrier. Guaranteed service transit times do not include holiday and/or “no service” days as defined by the individual Carrier. In the event of a Carrier’s failure to comply with the guaranteed service requested, the Customer will have fourteen (14) days from the actual delivery date of shipment (“Claim Deadline”) to deliver a written claim request to the Carrier or us. The Customer is solely responsible to timely provide all information required for a claim. If you submit the claim to us, we will forward the claim request to the Carrier but we will have no liability for any deficiencies in the delivery or processing of the claim. If you do not timely deliver a claim request by the Claim Deadline, the service provided by the LTL Carrier will be deemed to have met all guaranteed service standards and any claim request made after the Claim Deadline will be considered invalid and may be denied. In the event a Carrier fails to comply with the guaranteed service requested, accepts liability, and agrees to pay or reimburse Customer for a claim, subject to and upon receipt of funds from the Carrier, we will credit the Customer’s account for the amount that we receive from the Carrier for the Customer’s claim. In no event we will be liable for any claim, regardless if it is accepted or rejected by the Carrier. All claims request are between you and the Carrier. 8. Invoices and Payment. All charges are due fifteen (15) days from the invoice date (Net15). Any dispute by Customer of any charge listed on an invoice must be made in writing, specifically indicating the nature of the dispute, and delivered to us within fifteen (15) days from the date of the invoice. If you do not timely deliver an invoice dispute all charges will be conclusively presumed to be valid.
All payments must be made in US dollars and delivered to the address stated on the invoice. All amounts past due will be subject to a monthly interest charge of 1.5% of the amount due. All funds received by us will be applied to the oldest (based on pick-up date) invoiced BOLs that have balances due. Overpayments, if any, do not accrue interest. By providing us with your credit card or bank account information, you authorize us to charge on such credit card or bank account all amounts due on the applicable due date. In the event past due invoices are given to an attorney or collection agency for collection, Customer agrees to pay, in addition to the account balance, all interest payments, and collection costs (both before and after judgment), including reasonable attorney’s fees, until the full balance is either paid or collected in full. 9. Credit Approval. The Customer authorizes us to perform all credit and background searches that we deem necessary. The Customer’s right to place Orders and incur charges, and the amount of aggregate charges permitted, is subject to our ongoing credit review and approval. We may increase or reduce from time to time, in our sole discretion, the amount of charges that a Customer may incur during any time period. 10. Lien. By submitting an Order, you automatically grant us a lien on the shipment for all sums you owe us for both the Order and all other amounts due. You hereby authorize us to inform third parties of our lien on the shipment(s) and further authorize such third parties to hold, for our benefit, the shipment(s) against which we hold a lien. 11. Representations and Warranties. As a material inducement for us to accept an Order, Customer represents and warrants to both us and the designated Carrier(s) that: (i) in each event that Customer submits an Order, and at all times while a transport is being made, Customer will be in compliance with all applicable laws, rules, and regulations, including applicable laws relating to customs, import and export required by country to, from, through or over which the shipment may be carried; (ii) Customer will timely and fully furnish such information and complete and attach to the BOL such documents as are necessary to comply with all such laws; (iii) only authorized representatives of Customer, with the authority to act on behalf of and legally bind Customer, will be permitted to submit Orders and coordinate scheduling on behalf of Customer. We assume no liability for any loss or expense due to the failure of any of the representations or warranties set forth in this paragraph. Further, Customer will defend (with counsel selected by us), indemnify and hold us harmless for any claims, damages and losses that we may be subject to or incur related to or stemming from a failure of any of Customer’s representations and warranties set forth in this paragraph. 12. Tariffs; Terms and Conditions of Carrier. In the event of a conflict in the terms of these terms and conditions and an applicable tariff then in effect with the designated Carrier, between you and us, these terms and conditions will apply to the Order and transport and will take precedence in the interpretation of Customer’s and Easy Auto Shippers LLC respective rights and obligations. We are not obligated to provide you a copy of a designated Carrier’s tariffs or any of the information contained therein. Customer is responsible for requesting and reviewing tariffs in effect with the designated Carrier(s).
13. Limitations of Liability; Damages Cap. Customer agrees that we are not liable for any loss, damage, misdelivery or non-delivery caused directly or indirectly by: (i) the act, default or omission of a Carrier, the Customer or any other party who claims interest in the shipment; (ii) the nature of the shipment or any defect or damage therein; (iii) a violation by the Customer of any provision of this Agreement, the BOL, or the Carrier’s tariff; (iv) improper or insufficient packing, securing, marking or addressing; (v) failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions; (vi) acts of God, perils of the air, public enemies, public authorities, acts or omissions of customs or quarantine officials, war, riots, strikes, labor disputes, shortages, weather conditions or mechanical delay or failure of vehicles, aircraft or other equipment; (vii) the acts or omissions of any person other than employees of Easy Auto Shippers LLC; or (viii) the selection of the Carrier for a particular shipment. Further, Customer agrees that we are not liable for negligent acts or omissions of our employees except to the extent that such actions or omissions constitute gross negligence. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, FOR ANY (A) INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR PUNITVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGED; OR (B) LOST PROFITS, LOST REVENUES, LOST BUSINESS EXPECTANCY, BUSINESS INTERRUPTION LOSSES AND/OR BENEFIT OF THE BARGAIN DAMAGES. The aggregate liability of Easy Auto Shippers LLC to you or any third party for all claims and damages related to a particular Order and its corresponding shipment(s), whether based on an action in contract, equity, negligence, tort or other theory, will not exceed an amount equal to the total charges that Customer paid us for the subject shipment.
14. Insurance. As between you and us, the designated Carrier for a shipment will be solely liable for any damage to the items transported. From time to time we may recommend optional Shippers Interest Contingent Cargo Liability Insurance (“Third Party Insurance”), but we have no responsibility or liability with respect to the issuance of Third Party Insurance or in the denial or payment of any claims. The Customer will look solely to its own insurance, such as Third Party Insurance, a shipper’s policy, or insurance provided by the Carrier for damage to goods in transit. Each Carrier’s governing tariff will determine the standard liability cargo insurance coverage offered on any shipment, subject to any exception value. If the shipment contains freight with a predetermined exception value, as determined by the selected Carrier, the maximum exception liability will override the liability coverage otherwise provided by the tariff. 15. Claims. All freight cargo claims should be submitted directly to the Carrier or its insurer. If you submit the claim to us, we will forward the claim to the Carrier or its insurer as a courtesy but we will have no liability for any deficiencies in the delivery or processing of the claim. No claim for less than $50 may be made for concealed damages to an item. We may assist in the resolution of claims but have no responsibility to do so and will have no liability for the claims. You agree and acknowledge that a claim for damages does not relieve you from paying us for the full amount due for the shipment. Timely payment to us for the shipment is a condition precedent to the processing and payment of a damage or insurance claim. Where a claim is submitted to a Carrier on behalf of Customer, we will automatically have a lien on any amounts payable to Customer from the claim to the extent of all amounts owed on Customer’s account with us. Accordingly, you hereby authorize and instruct the Carrier and or its insurer to issue payment directly to us, up to the amount owed on your account with us, for any sums payable to you for a claim. In such event, we may apply the funds received as payment on your account with us.
16. Disclaimer of Warranties. EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO SHIPMENTS, WAREHOUSED GOODS, ITEMS IN TRANSIT OR DELIVERIES. 17. Disputes. The laws of the State of NM govern these terms and conditions. You consent to the exclusive jurisdiction and venue of the Superior Court in and for the State of NM in any claim or action arising out of, under or in connection with these terms and conditions. If you or we bring a lawsuit to enforce any provision of these terms and conditions, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with that litigation. You knowingly and voluntarily waive any and all right to a trial by jury in any action or proceeding arising out of, under or in connection with these terms and conditions. 18. Successors; Assignment. These terms and conditions will be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of you and us, except that you may not assign, delegate or transfer any of Customer’s obligations under these terms and conditions without our prior written consent, which consent may be withhold at our sole discretion. We may assign, delegate or transfer these terms and conditions by written notice to you. 19. No Third Party Beneficiaries. Nothing in these terms and conditions will be interpreted so as to create any third party beneficiary status or rights in any other person. 20. Interpretation. These terms and conditions will be interpreted in accordance with the plain meaning of its terms. If an ambiguity or question of intent or interpretation arises, these terms and conditions will be construed as if drafted jointly by you and us and no presumption or burden of proof will arise favoring or disfavoring any party by authorship of any provisions of these terms and conditions. You agree that the contents of these Terms and conditions are reasonable and necessary to protect Easy Auto Shippers legitimate business interests. In these terms and conditions the singular includes the plural, and the plural the singular; words importing any gender include the other genders; references to “writing” include printing, email, typing, lithography and other means of reproducing words in a tangible visible form; the words “including,” “includes” and “include” will be deemed to be followed by the words “without limitation.” 21. No Waiver. The waiver of any provision of these terms and conditions will neither operate nor be construed as a waiver of any subsequent breach. No failure to exercise, and no delay in exercising, any right, power, or privilege under these terms and conditions will operate as a waiver. 22. Materiality; Timing. All covenants, agreements, representations and warranties made in these terms and conditions are deemed to be material and to have been relied on by us in an accepting an Order and will survive the expiration of these terms and conditions. The rights granted in these terms and conditions are cumulative. Time is of the essence in the performance of the obligations under these terms and conditions. 23. Sever-ability. In case any one or more of the provisions contained in these terms and conditions are, for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or un-enforceability will not affect the other provisions of these terms and conditions, and these terms and conditions will be construed as if such invalid, illegal or unenforceable provision had never been contained in these terms and conditions. 24. Further Assurances. You agree to execute (with acknowledgment or in affidavit form, if required) and return any further or additional instruments, and will perform any acts, which are or may become reasonably necessary to effectuate and carry out the purposes of these terms and conditions, without the necessity of incurring any additional expense. 25. Entire Agreement; Amendments. these terms and conditions contain the entire agreement between you and us with respect to the stated subject matter. No representations, promises, inducements or statements of intention have been made by you or us which are not contemplated by and embodied in these terms and conditions, and neither you nor we will be bound by or liable for any alleged misrepresentation, promise, inducement or statement of intention not set forth in these terms and conditions. We may amend these terms and conditions from time to time. The version of these terms and conditions in effect at the time an Order is accepted by us will govern the Order and its corresponding shipment(s). We will notify you when we make changes to these terms and conditions and will give you the opportunity to review and comment on the revised terms before you submit new Orders. You submitting a new Order, following notice of a change to these terms and conditions, constitutes your acceptance of the amended terms and conditions.
Ocean Quote Terms & Conditions
All quotes are based on the current market conditions and can change with, or without notice.
Each quotation should be accepted in writing by customer. Booking of cargo after receiving the quotation or constitutes acceptance of the rates and terms of this rate quotation. Each quotation is assigned a unique quotation number. Each quotation number is valid for the effective and expiration dates shown, but subject to amendment for GRI, PSS, or market change. Unless otherwise noted, this rate quotation is subject to surcharges and accessorial as listed on quotation. Each rate quotation is confidential information of Easy Auto Shippers LLC. The contents shall not be disclosed by the customer to any third party, expressly including any competitor of Easy Auto Shippers LLC. Any unauthorized review, use, disclosure or distribution is prohibited. Easy Auto Shippers LLC will take any legal means necessary to enforce this provision and protect this information. Duties, taxes, customs or government related charges are not included in the rate quotation or unless specifically noted. Marine insurance will be invoiced unless there is a standing “Opt-Out” on file or insurance is waived prior to cargo receipt. Failure to purchase insurance means your cargo is subject to liability limitations set out in the assigned NVOCC agent Legal Bill of Lading Terms and Conditions. Prior to movement, each shipment is subject to re-weight and re-measurement by Easy Auto Shippers LLC or any one of its designated subcontractors. To the extent that the originally identified freight characteristics, including but not limited to the freight’s weights and/or measures, are inaccurate, the applicable rate quotation shall be revised to reflect the actual freight characteristics and customer shall be responsible and agrees to pay any difference between the original rate quotation and the revised rate quotation. All foreign services are quoted based on exchange rates at the time of the quote and can change with or without notice at time of shipment. Rate quotations are not applicable to any perishable cargo or dangerous goods unless otherwise noted. Any terminal demurrage charges are for the account of the cargo and are subject to the local ocean carrier and terminals’ terms and conditions. The customer will be responsible to pay any and all charges and assumes the liability related to all demurrage. Easy Auto Shippers LLC will invoice Detention (Per Diem) charges to all customers as per our tariff unless otherwise agreed in writing. Transit times are estimated and not guaranteed. Actual transit time may change without notice. All FCL door pickup and deliveries are based on one (1) hour free time. Drop containers or overtime will be subject to additional fees. All shipments are subject to space and equipment availability. Each lane quotation is based on and assumes that all cargo is suitably packaged and prepared for international transportation by ocean or land and all weights are accurate and correct. Rates may be subject to change if the actual cargo characteristics are different from what was provided. Each rate quotation is based on and assumes that all cargo weight is within the legal guidelines that govern the routing of such cargo from any origin to destination. Cargo must also adhere to regional regulations for wood packaging. In the event of a force majeure event during the validity of this offer as described, or an event beyond our control, including but not limited to work stoppages, strikes, accidents, acts of God, governmental restraints, war, embargoes, unforeseen market changes, or other similar unexpected or unforeseen conditions or circumstances, Easy Auto Shippers LLC reserves the right to adjust or renegotiate our offer based on the market effects of the event. All rates are based on the most effective and efficient routing. To maximize service and rate efficiencies for our customers, carrier and routing selection will be Easy Auto Shippers LLC choice, unless specifically requested. All shipments are subject to the assigned NVOCC agent Bill of Lading Legal Terms and Conditions of carriage.
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.
(a) “Company” shall mean Easy Auto Shippers LLC, 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 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”.
Company as broker. The Company acts as the “broker” of the Customer for the purpose of managing the 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 or other logistics services in any capacity other than as a carrier.
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 3 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 180 days year from the date of the loss;
(ii) For claims arising out of air transportation, within 14 days year from the date of the loss;
(iii) For claims arising out of the preparation and/or submission of an import entry(s), within 2 days from the date of liquidation of the entry(s);
(iv) For any and all other claims of any other type, within 1 year from the date of the loss or damage.
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.
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.
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 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.
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.
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.
(a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;
(b) 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).
(c) In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following:
(i) where the claim arises from activities other than those relating to customs business, $60.00 per shipment or transaction, or amount
(ii) where the claim arises from activities relating to “Customs business,” $60.00 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.
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.
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 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.
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.
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 late payment fee of USD 50.- per Invoice or interest at 15% per annum, whichever is higher.
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 en route, 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 120% 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 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.
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 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.
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 fee.
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 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.
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 California 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 California;
(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.
Terms and Conditions of Insurance
INTEREST INSURED: Private car, mobile home and/or motorcycle used for the private purpose of the Insured only, as per declaration/inventory submitted by the Insured, forming the basis of insurance under the Policy.
SCOPE OF COVERAGE: Always subject to the full premium having been paid to and collected by the assigned Insurance Brokerage firm., and subject to all Terms And Conditions of the Policy, physical loss or damage from any external cause, irrespective of percentage (Current American Institute Cargo Clause), including General Average and Salvage Charges, and transshipment, if involved. Shipments on deck of ocean vessel subject to an “On Deck” Bill of Lading are warranted free of particular average. Containerized shipments on deck are insured per above “All Risk” clauses.
METHOD OF TRANSIT: Per approved vessel and/or truck and/or air carrier and/or rail carrier and/or conveyances held covered. Date of dispatch to be declared as soon as practicable to Insurer or its representative with the following details: name of vessel or carrier, voyage or flight number, bill of lading and container number as well as date of departure and/or date of arrival.
R.A.C.E. CLAUSE: This Insurance is subject also to the Current London Institute Radioactive Contamination Exclusion Clause and related U.S.A. Endorsement.
FPA CLAUSE (if applicable or elected):
FPA – Warranted free of particular average (providing coverage only in the event of total loss or destruction or constructive total loss) unless vessel or craft be stranded, sunk or burnt, jettison or washing overboard. The Insurer to pay any loss or damage to the interest insured which may reasonably be attributed to fire, collision or contact of the vessel and/or conveyance with any external substance (ice included), other than water, or to discharge of cargo at port of distress.
Shore Perils – Where this insurance by its terms covers goods while on docks, wharves or elsewhere on shore, and/or during land transportation, it shall include the risks of collision, derailment, overturning or other accident to the conveyance, fire, lightning, sprinkler leakage, cyclones, hurricanes, earthquakes, floods (meaning the rising of navigable waters), and/or collapse or subsidence of docks or wharves, even though the insurance be otherwise F.P.A.
PERIOD OF COVERAGE & CONDITIONS PRECEDENT TO COVERAGE:
A. Coverage is to apply from such time as the property enters the custody of the mover until unpacking is completed at destination residence, including course of due transit as well as an additional period of up to 30 days of warehouse storage at place of origin residence and an additional period of up to 30 days of warehouse storage at place of destination residence. If for any reason the property will be subject to any additional period of storage beyond the stated coverage parameters, it shall be the Insured’s sole responsibility to seek coverage extension. Such requests for coverage extensions may be granted subject to prior written notice and payment of additional premiums to the assigned Insurance Brokerage firm., as per application by the Storage Extension Request Form, forming part of the Policy. Extension is subject to written approval of and validation by assigned Insurance Brokerage firm.
B. It is a condition precedent to coverage that written notice of claim under this insurance in all events be submitted in accordance with “CLAIM PROCEDURE” within 45 days after the date of delivery of the shipment, or in the event of non-delivery, within 45 days of the date your goods should have been delivered, and in all events within 45 days from the last day of coverage period per paragraph “A” above.
CONDITIONS AND EXCLUSIONS:
GOVERNMENT ACTS AND WAR RISK EXCLUSION CLAUSE: The Policy does not cover loss or damage, if any act or event, out of or in the course of which such loss or damage arises, constitutes or is a part of or is committed or happens whether directly or indirectly by reasons of, or in connection with war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, martial law, or the act of any lawfully constituted authority, including seizure, confiscation or rejection by authorities for any reason. In any claim, and in any action, suit or other proceedings to enforce a claim for loss or damage under this Policy, it is agreed that the burden or
proving that the loss or damage does not fall within this clause shall be upon the Insured.
DISPUTE RESOLUTION: No action or suit against the Underwriters or its agents for recovery of any claim by virtue of this insurance shall be sustained in any Court of Law, Equity or Arbitration unless commenced within (1) year from the time loss occurred, or, if such limitation is not valid by the law of the place where the policy is issued, within the shortest contractual period of limitation provided by such law. All such suits when timely filed shall be resolved in mandatory arbitration at Los Angeles pursuant to commercial rules of the American Arbitration Association or before the Transportation ADR Counsel, Inc., or pursuant to the rules of the International Chamber of Commerce, if outside the United States. It is agreed that this policy is a contract of marine insurance and the law applicable to any interpretation of this policy and the rights and obligations of the Insurer and Insured hereunder shall be S. federal maritime law.
AUTOMOBILES, MOTORCYCLES AND MOBILE HOMES
Coverage is to apply provided the vehicle is not operated under its own power for the whole period of coverage defined above, unless operation under own power occurs whilst on premises of loading or unloading port in which case coverage is still excluded for all third party risks. Coverage for vehicles is subject to the following exclusions/conditions which apply under all circumstances:
A. All third party risks whilst the vehicle is being driven under own power are excluded and this insurance further does not cover any damages, injury or liability to third party under any law requiring vehicles to be insured against third party risks or liability.
B. Scratching, denting or marring of automobile, motorcycle or mobile home is excluded unless the freight forwarder assigned and the owner of the automobile, motorcycle or mobile home both agree and sign a “Certificate of Condition & Accessories,” or a similar document, stating the condition of the automobile or motorcycle or mobile home at the time the same entered the custody of the freight forwarder assigned or steamship company, noting all defects, if any, or affirmatively stating the absence of any defect.
C. Coverage is specifically excluded for non-factory installed accessories or removable items on or within automobiles, motorcycles or mobile homes unless specifically identified and valued in a “Certificate of Condition & Accessories.”
D. Any coverage whilst on deck specifically excluded.
Apart of the specific conditions mentioned above, coverage in respect to automobiles, motorcycles or mobile homes is subject to the general terms and conditions of the Policy of the Insurance brokerage firm assigned, where they do not conflict with the specific conditions.
INSURANCE CHARGES CLAUSE:
Coverage under the Declaration shall be void if required premium is not received by assigned Insurance Brokerage firm. Payment to any party other than assigned Insurance Brokerage firm. shall not be considered payment to assigned Insurance Brokerage firm.
There are definite time limitations for claim submission and the Insured shall review the Claims Reporting Procedure attached to the declaration. Immediate written notice must be given to assigned Insurance Brokerage firm. by way of contact information herein. The Insured shall, as a condition precedent to the coverage afforded by the policy, give written notice of claim to assigned Insurance Brokerage firm, within 45 days after delivery of the shipment, or in the event of non-delivery, within 45 days of the date your goods should have been delivered, and in all events within 45 days from the last day of coverage period. Failure to give such written notice within 45 days will void coverage regardless of cause of loss or damage. Further, it is mandatory that all supporting documents, including those referred to in paragraph number 3 of the Conditions and Exclusions, be provided in a timely fashion not to exceed 90 days of the first notice.
NOTE: The Insured or his/her agent are recommended to make themselves familiar with the regulations of the Port Authorities at the port of discharge. Any claim under this insurance should be submitted without delay, accompanied by all correspondence with Carriers and other parties regarding their liability.
Easy Auto Shippers LLC utilizes insured, secured and bonded facilities; we provide warehousing, packing, crating, trucking and loading services out of our affiliate warehouses here in the USA* - WA, NM, CA, TX, GA, NY, FL. All other worldwide destinations are covered by our affiliated organization member companies.