All Shipments to or from Shipper (which term includes the exporter, importer, sender, receiver, owner, consignor, consignee, transferor or transferee of the shipments or the agent thereof) will be handled by the forwarder and/or customs broker handling this shipment, whose name appears on the reverse side, (the “Company”) on the following terms and conditions. No agent or employee of either party may alter or waive any of the following terms or conditions.
1. Choosing Routes and Agents. Company shall have complete freedom in choosing means, route and procedure to the following in the handling, transportation and delivery of the goods. Advice by Company to Shipper that a particular person or firm has been selected to render services as to the goods shall not be construed to mean that Company warrants or represents that such person or firm will render such services.
2. Services by Third Parties. Unless Company carries, stores or otherwise physically handles the shipment, and the loss, damage, expense or delay occurs during such activity. Company assumes no liability as a carrier and shall not be held liable for any loss, damage, expense or delay to the goods Shipped here under except as provided in and subject to the limitations of Paragraph 8. Company undertakes only to use reasonable care in the selection of carriers, truckers, forwarders, custom house, brokers, agents, warehousemen or men, and others whom it may entrust the goods for transportation, cartage, handling, delivery and/or storage or otherwise. When Company carries, stores or otherwise physically handles the shipment including in the performance of the local pick up or delivery service, it does so subject to the limitations of liability set forth in paragraph 8 unless a separate bill of lading, air waybill or other contract of carriage is issued by Company, in which event the terms there of shall govern.
3. Liability Limitations of Third Parties. Company is authorized to select and engage carriers, truckers, forwarders, customhouse brokers, agents, warehousemen and others as may be required to transport, store, deal with and deliver the goods, all of whom shall be considered as agents of Shipper. The goods may be entrusted to such parties subject to all conditions as to limitations of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in the bills of lading, receipts, or tariffs issued by such carriers, truckers, forwarders, customhouse brokers, agents, warehousemen and others. Company shall in no event be liable for any loss, damage, expense or delay to the goods for any reason whatsoever when such goods are in the custody, possession or control of third parties selected by Company to forward, enter and clear, transport or render other services with respect to such goods.
4. Shipments Subject to Re-Weigh/Re-Measurement. Shipper shall provide weight and measurements for its shipments. Shipments are subject to re-weigh and re-measurement by Company. If the weight or measurement of the goods as delivered are different from the Shipper’s representation, or if pickup or delivery time or location is changed by Shipper, Company’s rates, charges and fees are subject to change. If dimensional weight applies, under tariff rule, dimensions shall be shown on the air bill as follows; Length x Width x Height=Cubic inches (or applicable metric measurement).
5. Shipper’s Duty to furnish information. (a) On an import at a reasonable time prior to entry of the goods to U.S. Customs, Shipper shall furnish to Company invoices in proper form together with other documents necessary or useful in the preparation of the US Customs entry, in such further information as may be sufficient to establish the dutiable value, classification, country of origin, genuineness and admissibility of the goods pursuant to US law, or regulations or ruling. If Shipper fails to timely furnish all of such information or documents, as may be required to complete US Customs entry, or if such information or documents are inaccurate or incomplete, Company shall be obligated only to use its best judgment good faith efforts in connection with the shipment and in no instance shall be charged with knowledge by Shipper of the true circumstances to which such inaccurate, incomplete or omitted information or document pertains. Where a bond is required by US Customs to be given for the production of any document or the performance of any act, Shipper shall be deemed bound by the terms of the bond not withstanding the fact that the bond has been executed by Company as principle, it being understood that Company entered into such undertaking at the request and on behalf of Shipper, and Shipper shall indemnify and hold Company harmless for the consequences of any breach of the terms of the bond. (b) On an export, at a reasonable time prior to the exportation of the shipment, Shipper shall furnish to Company the commercial invoice in proper form and number, a proper consular deceleration, weights, measures, values and other information in the language of and as maybe required by the laws and regulations of the US and the country of destination of goods. (c) On an export or import, Company shall not in anyway be liable for increased duty, penalty, fine or expense unless caused by the gross negligence of Company, in which event its liability to Shipper shall be governed by the provisions of paragraph 8. Shipper shall be bound by and warrant the accuracy of all invoices, documents and information furnished to Company by Shipper or its agents for export, entry or other purposes and Shipper agrees to indemnify and hold harmless Company against any increased duty, penalty, liquidated damage, finer expense, including attorney’s fees, resulting from any act, inaccuracy or omission, or any failure to make timely presentation, even if not due to any negligence or fault of Shipper.
6. Declaring Higher Valuation. Shipper acknowledges and agrees that truckers, carriers, warehouseman and others to whom the goods are entrusted usually limit their liability for loss and damage unless a higher value is declared and a charge based on such higher value is agreed by said truckers, etc. Company must receive specific written instructions from Shipper to pay such higher charges based on valuation and the truckers, etc. must accept such higher declared value: otherwise the valuation placed by Shipper on the goods shall be considered solely for export or customs purposes and the goods shall be delivered to the truckers, etc., subject to the limitations of liability set forth in Paragraph 3 and 8.
7. Insurance. Company will not insure the goods unless specific written instructions from Shipper providing the kind and amount of insurance have been received by Company in sufficient time prior to shipment from point of origin. Company does not undertake or warrant that such insurance can or will be placed. Unless Shipper instructs Company to effect insurance under Shipper’s own open marine policy, insurance is to be effected with one or more insurance companies or other underwriters to be selected by Company. Any insurance placed shall be governed by the certificate or policy issued and will only be effective when accepted by such insurance companies and underwriters. Insurance coverage provided by Company will be assessed at a rate of $.60 per $100.00 of value. Insured value is not to exceed the actual value of the goods. Shipments must be packaged to withstand the normal hazards of transportation for any claim to be valid. In the event Shipper does not elect to insure all or part of a shipment, Company’s liability for any losses, damages or delays to such shipment shall be limited in accordance with the provisions of Paragraph 8. Should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and Company shall not be under any responsibility or liability in relation there to, not withstanding that the premium upon the policy may not be at the same rates as that charged or paid to Company by Shipper, or that the shipment was insured under a policy in the name of Company. Insurance premiums and the charge of Company for arranging the same shall be at Shipper’s expense. If for any reason the goods are held in warehouse or else where, the same will not be covered by any insurance, unless Company receives written instructions from Shipper and same is provided in accordance with this Paragraph 7. Unless specifically agreed in writing by Company, Company assumes no responsibility to effect insurance on any export or import shipment which it does not handle.
8. Limitation of Liability Per Shipment. (a) In connection with shipments within the United States, and its Territories, and insular possessions, Shipper agrees that Company shall in no event be liable for any loss, damage, expense, or delay in the goods for any reason, including as a result of the gross negligence of Company , for any amount in excess of $.50/pound, $50 per shipment, or the invoice value, whichever is less, and any partial loss or damage for which Company may be liable shall be adjusted pro rata on the basis on such valuation. (b) In connection with any international shipments, Company’s liability is limited to $50.00 minimum or $9.07/pound, whichever is greater, unless a higher value is declared as provided for herein and the applicable charges are paid, (c) As to any shipments under this agreement, Shipper has the option in Paragraphs 6 and 7 above of paying special compensation to increase the liability for the shipment in excess of the above stated amounts in case of any loss, damage, expense or delay, but such options can be exercised only by specific written agreement made with Company prior to shipment which agreement shall indicate the limit of liability and the additional compensation for the added liability to be assumed. Company shall not in any circumstances be liable for consequential or indirect, including without limitation, damages arising from loss of profit.
9. Liability of Company. It is agreed that Company shall not be liable for any loss, damage, expense, delay, punitive, special, or statutory unless in each case the goods were in the actual custody or control of Company and the damages alleged to have been suffered are proven to have been caused by the gross negligence of Company, its officers or employees, in which event the limitation of liability set forth in Paragraph 8 shall apply.
10. Presenting Claims. To preserve a claim, the following must be adhered to: (a) As to all shipments within the United States, or its Territories, or insular possessions, claims for lost or damaged shipments must be made within ninety (90) days of the shipping date. Written notification of damage must be made to Company within 3 days of receipt of delivery of shipment, written notification of concealed damage must be made to Company within 10 days of receipt of delivery of shipment. Original shipping carton and contents must be retained by consignee for inspection. Claims for overcharges must be presented to Company within 30 days of the shipping date. (b) As to all shipments for export or import, in no event shall Company be liable for any act, omission or default by it in connection with an exportation or importation unless a claim therefore shall be presented to it at its office at 598 Red Oak Rd. Stockbridge, GA 30281, within ninety (90) days from date of exportation or importation of the goods in a written statement to which sworn proof of claim shall be attached. No suit to recover for any claim or demand made under(a) or (b) of this paragraph shall in any event be maintained against Company unless instituted within six (6) months after presentation of the said claim, as above provided. (c) all charges relating to shipment must be paid in full to PEI prior to Shipper submitting any claim. No agent or employee of Company shall have authority to alter or waive any of the provisions of this Paragraph.
11. Advancing Money. Company shall not be obliged to incur any expense, guarantee payment or advance any money in connection with the importing, exporting, forwarding, transportation, insuring or storing of the goods, unless the same is provided to Company by Shipper on demand. Company shall be under no obligation to advance freight charges, customs duties or taxes on any shipment, nor shall any advance by Company be constructed as a waiver of the provisions hereof.
12. Indemnification for Freight Duties. In the event that a carrier, or other person or any governmental agency makes a claim or institutes legal action against Company for ocean or other freight, duties, fines, penalties, liquidation damages, or other money due arising from a shipment of goods of Shipper. Shipper agrees to indemnify and hold harmless Company for any amount Company may be required to pay such carrier, other person or governmental agency together with reasonable expenses together with reasonable expenses, including attorney fees, incurred by Company in connection with defending such claim or legal action and obtaining reimbursement from Shipper. The confiscation or detention of the goods by any governmental authority shall not affect of diminish the liability of Shipper to Company to pay all charges or other money due promptly on demand.
13. Sale of Perishable Goods. Perishable goods or live animals to be exported, imported, or which are cleared through customs concerning which no instructions for disposition are furnished by Shipper may be sold or otherwise disposed of without any notice to Shipper, owner or consignee of the goods, and payment or tender of the net proceeds of any sale after deduction of charges shall be equivalent to delivery. In the event that any shipment is refused or remains unclaimed at destination or any transshipping point in the course of transit or is returned for reason, Shipper shall nevertheless pay Company for all charges and expenses in connection there with. No provision hereof shall obligate Company to forward, enter or clear the goods or arrange for their disposal.
14. C.O.D. Shipments. Goods received with instructions to “Collect on Delivery”(C.O.D.) by drafts or otherwise, or to collect on any specified terms by time drafts or otherwise, are accepted by Company only upon the express understanding that it will exercise reasonable care in the selection of a bank, correspondent, carrier or agent to whom it will send such item for collection, and Company will not be responsible for any acts, omission, default, suspension, insolvency or want of care, loss, negligence, or fault of such bank, correspondent, carrier or agent, nor for any delay in remittance, loss in exchange, loss during transmission, or while in the loss of collection. Shipper must enter the amount of any Shipper’s C.O.D. which shall be collected subject to the fee and rules of the delivering carrier. Unless caused by Company’s willful or intentional misconduct, under no circumstances shall Company’s liability relating in anyway to Shipper’s C.O.D. exceed the limits of liability as set forth in Paragraph 8.
15. Shipper Liable for Fees. Shipper shall be responsible for all fees, costs, and charges of any kind hereunder if Company is unable to collect such charges from consignee or other third party within 45 days of delivery.
16. General Lien on any Property. Company shall have a general lien on any and all property (and documents relating thereto) of Shipper, in its possession, custody or control or en route, for all claims, for charges, expenses or advances incurred by Company in connection with any shipments of Shipper and if such claim remains unsatisfied for thirty (30) days after demand for its payment is made. Company may sell at public auction or private sale, upon ten (10) days written notice, sent certified or registered mail with return receipt requested from Shipper, all the goods, wares and/or merchandise, or so much thereof as may be necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of the amount due to Company. Any surplus from such sale shall be transmitted to Shipper, and Shipper shall be liable for any deficiency in the sale.
17. Compensation of Company. Payment terms are net due on receipt. Contract of special rates may be considered void and the shipment re-rated at full charges if invoice is not paid in 30 days. Contract or special rates only apply to prepaid shipments unless specifically stated in a contract rate proposal. Invoicing hereunder while a shipment remains in transit shall not close this agreement. 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, insures and others in connection with the shipment. In any referral, for collection or in any action against Shipper for moneys due to Company, upon recovery by Company, Shipper shall pay the expenses of collections and/or litigation, including reasonable attorney’s fees plus 18% interest per annum or the highest rate allowable by law, whichever is less.
18. Picking Up Shipments or Samples. Company shall not itself be obligated to pick up a shipment from a carrier or sample from US Customs. Should Company render such a service for and on behalf of Shipper a separate charge shall apply and Company shall not be responsible for loss and damage to the shipment unless it is in the actual custody and control of Company and the loss of damage is caused by the gross negligence or willful misconduct at Company, in which event the limitation of liability set forth in Paragraph 8 shall apply.
19. No Responsibility for Governmental Requirements. It is Shipper’s responsibility to know and comply with all the classification, valuation, and marketing and other Customs’ requirements, laws, regulations and rulings enforced by the US and any country having jurisdiction over a shipment, the laws and regulations of any applicable governmental agency, including but not limited to the US Food and Drug Administration, and all other requirements, laws and regulations of any applicable country or governmental agency pertaining to the merchandise. Company shall not be responsible for action taken or lines, liquidated damages, or penalties assessed by any governmental agency against the shipment because of the failure of Shipper to comply with any such laws, ruling, requirements or regulations of any country or governmental agency or with a notification issued to Shipper by any such agency.
20. Loss, Damage or Expense due to Delay. Unless the services to be performed by Company hereunder are delayed by reason of the gross negligence or willful misconduct of Company, Company shall not be responsible for any loss, damage, or expense incurred by Shipper because of such delay. In the event Company is at fault as above described, its liability is limited in accordance with the provisions in Paragraph 8.
21. Construction of Terms. The terms and conditions hereof shall be constructed according to the laws of the State of Georgia.
22. Proof of Delivery. Shipper agrees that digitized signature or computer record of delivery receipt is acceptable as proof of delivery of any shipment hereunder.
23. Level of Service. Shipper agrees that if the level of service is not marked, the shipment will automatically be shipped as a next day p.m. shipment if shipped within the United States or its Territories and insular possessions.
24. Warsaw Convention. International air carriage (defined in Company’s tariff) is subject to the rules relating liability established by the Convention for the Unification of Certain Rules relating the International Carriage by Air, signed at Warsaw, October 12, 1929
25. All disputes relating to the subject matter of this Bill of Lading shall be brought in the State or Superior Courts of Fulton County, Georgia or before the United States District Court for the Northern District of Georgia, Atlanta Division.
26. Co-signee agrees that in the event Shipper retains legal counsel to collect all or any portion of the subject payment due Shipper, Co-signee shall be responsible for all legal fees equaling 15% of the unpaid amount, including interest and expenses.
27. Quotations Not Binding. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by Company to Shipper are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon Company unless Company in writing specifically undertakes the handling or transportation of the shipment at a specific rate.
28. Indemnity Against Liability Arising From The Importation of Merchandise. Shipper agrees to indemnify and hold Company harmless from any claims and/or liability arising from the importation of merchandise which violates any federal, state and/or other laws or regulations, and further agrees to indemnify and hold Company harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to attorney’s fees, which Company may hereafter incur, suffer or be required to pay by reason of such claims by any government agency or private party. In the event that any action, suit or proceeding is brought against Company by any government agency or any private party, Company shall give notice in writing to Shipper by mail at its address on file with Company. Upon receipt of such notice, Shipper at its own expense shall defend against such action and take all steps as may be necessary or proper to prevent the obtaining of a judgment and/or order against Company.
29. Shipper Responsibility for Accurate Information. The submission of incomplete or inaccurate information related to an import entry, including descriptions, quantities, weights, purchase prices, discounts, commissions, changed selling prices at time of exportation, assists, country of origin, etc., makes Shipper liable to severe governmental penalties or sanctions. In the event the information forwarded to Company, or which accompanied the shipment does not accurately reflect the entire transaction, it is essential that Shipper immediately notify Company so that we can take corrective action.
30. Shipping Act of 1984. Company has a policy against payment solicitation or receipt of any rebate, directly or indirectly, which would be unlawful under the United States Shipping Act of 1984.
31. Shipments subject to inspection. All shipments transported by Company or it’s contractors, sub-contractors, agents or authorized representatives are subject to inspection.
The following notice is required to be given pursuant to 19 CFR part 111.29 (b)(1): If you are the importer of record, payment to the broker will not relieve you of liability for Customs charges (duties, taxes, or other debts owed Customs) in the event the charges are paid by the broker. Therefore, if you pay by check, Customs charges may be paid with a separate check payable to “US Customs Service” which shall be delivered to Customs by the broker.