These terms and conditions constitute a contract between the “Company” and the “Customer.” In the event Company renders services and issues a document containing terms and conditions governing such services, the terms and conditions set forth in that document shall govern those services to the extent it conflicts with this document.
Company acts as the “agent” of 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 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.
These Rules apply to all shipments tendered to Carrier by Traffic Tech or by third parties on behalf of Traffic Tech.
Unless services are performed by persons or firms engaged pursuant to express written instructions from 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 Company regarding a particular person or entity selected to render services with respect to the goods shall not be construed to mean that Company warrants or represents that such person or entity will properly render such services, nor does Company assume responsibility or liability for any actions(s) and/or inaction(s) of such person or entity, including its agents. Company 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 action(s) or inaction(s) of a third party shall be brought solely against such party and/or its agents. In connection with any such claim, Company shall reasonably cooperate with Customer, which shall be liable for any charges or costs incurred by Company.
Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by Company to Customer are for informational purposes only and are subject to change without notice. No quotation shall be binding upon Company unless 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 Company and Customer.
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 Customer, which must agree to pay any charges therefor. In the absence of written instructions or the refusal of the third party to agree to a higher declared value, at Company’s sole 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.
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.
All charges must be paid by Customer in advance unless Company agrees in writing to extend credit to Customer. The granting of credit to Customer in connection with a particular transaction shall not be considered a waiver of this provision by Company with respect to another transaction.
Customer agrees to indemnify, defend and hold Company harmless from any claim, suit, proceeding, liability, fine, penalty and expense (including attorneys’ fees and costs) arising from the importation or exportation of Customer’s merchandise or any conduct of Customer, including, but not limited to, the inaccuracy of entry, export or security information supplied by Customer or its agent. In the event that any claim, suit or proceeding is brought against Company, it shall give notice in writing to Customer by mail at its address on file with Company.
Company shall use reasonable care regarding written instructions relating to “Cash/Collect on Delivery (C.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, letter(s) of credit and other similar payment documents; however, Company shall not be liable if the intended payor refuses to pay for the shipment.
In any dispute involving money owed to Company, Company shall be entitled to all costs of collection, including reasonable attorneys’ fees and interest at the lesser of 15% per annum or the highest rate allowed by law, unless a lower amount is agreed to by Company.
Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, it has the duty and is solely liable for maintaining all records required under the customs and other laws and regulations of the United States. Unless otherwise agreed in writing, Company shall only keep such records that it is required to maintain by law, not act as a “record keeper” or “recordkeeping agent” for Customer.
Unless requested 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 petitions or protests.
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.
Where Company prepares 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 otherwise agreed in writing by Company, Company may rely upon and use the cargo weight supplied by Customer.
These terms and conditions may only be modified, altered or amended in writing signed by both Customer and Company.
The compensation of 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 Company to transport and deal with the goods, and such compensation shall be exclusive of any brokerage, commissions, dividends or other revenue received by Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed breakdown of the components of all charges assessed and a copy of each pertinent document relating to those charges. In any referral for collection or action against Customer for money due to Company, upon recovery by Company, Customer shall pay the expenses of collection and/or litigation, including reasonable attorneys’ fees.
Company shall not be liable for losses, damages, delays, wrongful or missed deliveries or non-performance, in whole or in part, resulting from circumstances beyond the control of either Company or its sub-contractors, including, but not limited to: (i) acts of God such as 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 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 the event any portion hereof is found to be invalid or unenforceable, the remainder 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.
These terms and conditions of service and the relationship of the parties shall be construed according to the laws of Illinois without giving consideration to principles of conflict of law. Customer and Company consent to the jurisdiction of the United States District Court for the Northern District of Illinois or, if federal jurisdiction is lacking, to the state courts in Cook County, Illinois.
(*) These terms and conditions are adapted and substantially the same as those approved by the National Customs Brokers and Forwarders Association of America, Inc. (Revised 6/16)
These Standard Trading Conditions, as set forth herein, govern the business practices of members of the Canadian Society of Customs Brokers. By signing the Agency Agreement and Power of Attorney, Client and Customs Broker agree to be bound by these Standard Trading Conditions.
i. unless otherwise instructed by the Client; or
ii. unless there are past due amounts owing by the Client to the Customs Broker in which case the Customs Broker may, on notice to the Client, pay its outstanding Fees and/or Disbursements (or part thereof) from the said remaining balance of funds.
7. Limitation of Liability
Neither the Customs Broker nor the Client will be liable for any consequential, special, incidental, indirect, punitive or exemplary damages resulting from these Standard Trading Conditions, the Agency Agreement and Power of Attorney, any act of God, ‘force majeure’ or unavoidable delay, or event beyond the reasonable control of the affected party. In addition, the Customs Broker shall not be liable for any loss of profit, loss of revenue, loss of use or other like damages or losses, or damages arising in tort, whether or not known or contemplated, in connection with the Services, these Standard Trading Conditions and/or the Agency Agreement and Power of Attorney.
In the event that the Agency Agreement and Power of Attorney is terminated and there are any outstanding matters pertaining to the Client for which the Customs Broker has been engaged by the Client and for which the Customs Broker remains liable to make payment, these Standard Trading Conditions, the Agency Agreement and Power of Attorney shall continue in force with respect to such matters until such matters are concluded and payment by the Client to the Customs Broker of such funds as may be required to satisfy all outstanding payment obligations and liabilities of the (a) Customs Broker to CGAD and/or others and (b) Client to Customs Broker, CGAD and/or others (including all Fees and Disbursements), has been made by the Client.
9. Governing Law
These Standard Trading Conditions are governed by the laws of the Province or Territory in Canada within which the Customs Broker has its principal place of business, and the federal laws of Canada applicable therein, and the Client hereby irrevocably attorns to the courts of such Province or Territory. The Agency Agreement and Power of Attorney, together with these Standard Trading Conditions, inure to the benefit of and are binding upon the parties and their respective executors, administrators, successors and assigns.
The parties agree that where they have used electronic communications in whole or in part to transact any business, those communications will be given legal effect in accordance with the provisions of the Uniform Electronic Commerce Act (or successor legislation) as approved by the Uniform Law Conference of Canada or enacted by the federal or provincial legislatures, as applicable.
Each provision of these Standard Trading Conditions is and shall be deemed to be separate and severable and if any provision or part thereof is held for any reason to be unenforceable, the remainder of these Standard Trading Conditions shall remain in full force and effect.
CUSTOMS BROKER SERVICES
The Customs Broker will provide to the Client import and export services, and ancillary services related thereto, when requested by the Client and accepted by the Customs Broker. These may include, as selected by the Client:
In each case, all the foregoing at and subject to the instructions of and on behalf of the Client.