Terms and Conditions of Service for Michael S. Cooke, CHB.

Terms and Conditions

 

All shipments to or from the Client which term shall include the  freight forwarder, importer, exporter, sender, receiver, owner,  consignor, transferor or transferee of the shipments, will be handled by  the freight forwarder and/or Customs Broker, Michael S. Cooke, CHB  (hereinafter called the “Company”) on the following terms and  conditions:


  1. Duty to Furnish Information. (a) On an import at a reasonable time  prior to entering of the goods for U.S. Customs, the Customer shall  furnish to the Company invoices in proper form and other documents  necessary or useful in the preparation of the U.S. Customs entry and,  also, such further information as may be sufficient to establish, inter  alia, the dutiable value, the classification, the country of origin, the  genuineness of the merchandise and any mark or symbol associated with  it, the Customer’s right to import and/or distribute the merchandise,  and the merchandise’s admissibility, pursuant to U.S. law or regulation.  If the Customer fails in a timely manner to furnish such information or  documents, in whole or in part, as may be required to complete U.S.  customs entry or comply with U.S. laws or regulations, or if the  information or documents furnished are inaccurate or incomplete, the  Company shall be obligated only to use its best judgment in connection  with the shipment and in no instance shall be charged with knowledge by  the Customer of the true circumstances to which such inaccurate,  incomplete, or omitted information or document pertains. Where a bond is  required by U.S. customs to be given for the production of any document  or the performance of any act, the Customer shall be deemed bound by  the terms of the bond notwithstanding the fact that the bond has been  executed by the Company as principal, it being understood that the  Company entered into such undertaking at the instance and on behalf of  the Customer, and the Customer shall indemnify and hold the 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 the Customer shall furnish to the Company the commercial  invoice in proper form and number, a proper consular declaration,  weights, measures, values and other information in the language of and  as may be required by the laws and regulations of the U.S. and the  country of destination of the goods. (c)On an export or import the  Company shall not in any way be responsible or liable for increased  duty, penalty, fine or expense unless caused by the negligence or other  fault of the Company, in which event its liability to the Customer shall  be governed by the provisions of paragraph 8-9 below. The Customer  shall be bound by and warrant the accuracy of all invoices, documents  and information furnished to the Company by the Customer or its agent  for export, entry or other purposes and the Customer agrees to indemnify  and hold harmless the Company against any increased duty, penalty, fine  or expense including attorneys’ fees, resulting from any inaccuracy,  incomplete statement, omission or any failure to make timely  presentation, even if not due to any negligence of the Customer.

  2. Services by Third Parties. Unless the Company  carries, stores or otherwise physically handles the shipment, and loss,  damage, expense or delay occurs during such activity, the Company  assumes no liability as a carrier and is not to be held responsible for  any loss, damage, expense or delay to the goods to be forwarded or  imported except as provided in paragraph 8 and subject to the  limitations of paragraph 9 below, but undertakes only to use reasonable  care in the selection of carriers, truckmen, lightermen, forwarders,  customs brokers, agents, warehousemen and others to whom it may entrust  the goods for transportation, cartage, handling and/or delivery and/or  storage or otherwise. When the Company carries, stores or otherwise  physically handles the shipment, it does so subject to the limitation of  liability set forth in paragraph 8 below unless a separate bill of  lading, air waybill or other contract of carriage is issued by the  Company, in which event the terms thereof shall govern.

  3. Liability Limitations of Third Parties. The Company  is authorized to select and engage carriers, truckmen, lightermen,  forwarders, customs brokers, agents, warehousemen and others, as  required, to transport, store, deal with and deliver the goods, all of  whom shall be considered as the agents of the Customer, and the goods  may be entrusted to such agencies subject to all conditions as to  limitation of liability for loss, damage, expense or delay and to all  rules, regulations, requirements and conditions, whether printed,  written or stamped, appearing in bills of lading, receipts or tariffs  issued by such carriers, truckmen, lightermen, forwarders, customs  brokers, agents, warehousemen and others. The Company shall under no  circumstances be liable for any loss, damage, expense or delay to the  goods for any reason whatsoever when said goods are in custody,  possession or control of third parties selected by the Company to  forward, enter and clear, transport or render other services with  respect to such goods.
     
  4. Choosing Routes or Agents. Unless express  instructions in writing are received from the Customer, the Company has  complete freedom in choosing the means, route and procedure to be  followed in the handling, transportation and delivery of the goods.  Advice by the Company to the Customer 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.
     
  5. Quotations Not Binding. Quotations as to fees,  rates of duty, freight charges, insurance premiums or other charges  given by the Company to the Customer are for informational purposes only  and are subject to change without notice and shall not under any  circumstances be binding upon the Company unless the Company in writing  specifically undertakes the handling or transportation of the shipment  at a specific rate.
     
  6. Declaring Higher Valuation. Inasmuch as truckers,  carriers, warehousemen and others to whom the goods are entrusted  usually limit their liability for loss or damage unless a higher value  is declared and a charge based on such higher value is agreed to by said  truckers, etc., the Company must receive specific written instructions  from the Customer to pay such higher charge based on valuation and the  truckers, etc., must accept such higher declared value; otherwise the  valuation placed by the Customer on the goods shall be considered solely  for export or customs purposes and the goods will be delivered to the  truckers, etc., subject to the limitation of liability set forth herein  in paragraphs 8-9 below with respect to any claim against the Company  and subject to the provisions of paragraph 2 above.
     
  7. Insurance. The Company will make reasonable efforts  to effect marine, fire, theft and other insurance upon the goods only  after specific written instructions have been received by the Company in  sufficient time prior to the shipment from point of origin, and the  Customer at the same time states specifically the kind and amount of  insurance to be placed. The Company does not undertake or warrant that  such insurance can or will be placed. Unless the Customer has its own  open marine policy and instructs the Company to effect insurance under  such policy, insurance is to be effected with one or more insurance  companies or other underwriters to be selected by the Company. Any  insurance placed shall be governed by the certificate or policy issued  and will only be effective when accepted by such insurance companies or  underwriters. Should an insurer dispute its liability for any reason,  the insured shall have recourse against the insurer only and the Company  shall not be under any responsibility of liability in relation thereto  notwithstanding that the premium upon the policy may not be at the same  rates as that charged or paid to the Company by the Customer, or that  the shipment was insured under a policy in the name of the Company.  Insurance premiums and the charge of the Company for arranging the same  shall be at the Customer’s expense. If for any reason the goods are held  in warehouse, or elsewhere, the same will not be covered by any  insurance, unless the Company receives written instructions from the  Customer. Unless specifically agreed in writing, the Company assumes no  responsibility to effect insurance on any export or import shipment  which it does not handle.
     
  8. Limitation of Liability for Loss, etc. (a) The  Customer agrees that the Company shall only be liable for any loss,  damage, expense or delay to the goods resulting from the negligence or  other fault of the Company; such liability shall be limited to an amount  equal to the lesser of fifty dollars ($50.00) per entry or shipment or  the fee(s) charged for the services, provided that, in the case of  partial loss, such amount will be adjusted pro rata; (b) Where the  Company issues its own bill of lading and receives freight charges as  its compensation, Customer has the option of paying a special  compensation and increasing the limit of Company’s liability up to the  shipment’s actual value; however, such option must be exercised by  written agreement, entered into prior to any covered transaction(s),  setting forth the limit of the Company’s liability and the compensation  received; (c) In instances other than in (b) above, unless the Customer  makes specific written arrangements with the Company to pay special  compensation and declare a higher value and Company agrees in writing,  liability is limited to the amount set forth in (a) above; (d) Customer  agrees that the Company shall, in no event, be liable for consequential,  punitive, statutory or special damages in excess of the monetary limit  provided above.

  9. Presenting Claims. Company shall not be liable  under paragraph 8 for any claims not presented to it in writing within  90 days of either the date of loss or incident giving rise to the claim;  no suit to recover for any claim or demand hereunder shall be  maintained against the Company instituted within six (6) months after  the presentation of the said claim or such longer period provided for  under statute(s) of the State having jurisdiction of the matter.

  10. Advancing Money. The Company shall not be obliged  to incur any expense, guarantee payment or advance any money in  connection with the importing, forwarding, transporting, insuring,  storing or coopering of the goods, unless the same is previously  provided to the Company by the Customer on demand. The Company shall be  under no obligation to advance freight charges, customs duties or taxes  on any shipment nor shall any advance by the Company be construed as a  waiver of the provisions thereof.

  11. Indemnification for Freight, Duties. In the event that a carrier,  other person or any governmental agency makes a claim or institutes  legal action against the Company for ocean or other freight, duties,  fines, penalties, liquidated damages or other money due arising from a  shipment of goods of the Customer, the Customer agrees to indemnify and  hold harmless the Company for any amount the Company may be required to  pay such carrier, other person or governmental agency together with  reasonable expenses, including attorney fees, incurred by the Company in  connection with defending such claim or legal action and obtaining  reimbursement from the Customer. The confiscation or detention of the  goods by any governmental authority shall not affect or diminish the  liability of the Customer to the Company to pay all charges or other  money due promptly on demand.

  12. C.O.D. Shipments. Goods received with Customer’s or  other person’s 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 the 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 the Company will not be responsible for any act,  omission, default, suspension, insolvency or want of care, negligence,  or fault of such bank, correspondent, carrier or agent, nor for any  delay in remittance lost in exchange, or loss during transmission, or  while in the course of collection.

  13. General Lien on Any Property. The Company shall  have a general lien on any and all property (and documents relating  thereto of the Customer, in its possession, custody or control or en  route, for all claims for charges, expenses or advances incurred by the  Company in connection with any shipments of the Customer and if such  claim remains unsatisfied for thirty (30) days after demand for its  payment is made, the Company may sell at public auction or private sale,  upon ten (10) days written notice registered mail (R.R.R.), to the  Customer, 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 the Company. Any surplus from  such sale shall be transmitted to the Customer, and the Customer shall  be liable for any deficiency in the sale.

  14. 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 to the Company, upon recovery by the Company,  the Customer shall pay the expenses of collection and/or litigation,  including a reasonable attorney fee.

  15. No Responsibility For Governmental Requirements. It  is the responsibility of the Customer to know and comply with the  marking requirements of the U.S. Customs Service, the regulations of the  U.S. Food and Drug Administration, and all other requirements,  including regulations of federal, state and/or local agencies pertaining  to the merchandise. The Company shall not be responsible for action  taken or fines or penalties assessed by any governmental agency against  the shipment because of the failure of the Customer to comply with the  law or the requirements or regulations of any governmental agency or  with a notification issued to the Customer by any such agency.

  16. Indemnity Against Liability Arising From The Importation of Merchandise.  The Customer agrees to indemnify and hold the 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 the Company harmless against any  and all liability, loss, damages, costs, claims and/or expenses,  including but not limited to attorney’s fees, which the Company may  hereafter incur, suffer or be required to pay by reason of claims by any  government agency or private party. In the event that any action, suit  or proceeding is brought against the Company by any government agency or  any private party, the Company shall give notice in writing to the  Customer by mail at its address on file with the Company. Upon receipt  of such notice, the Customer 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 the Company.

  17. Loss, Damage or Expense Due To Delay. Unless the  services to be performed by the Company on behalf of the Customer are  delayed by reason of the negligence or other fault of the Company, the  Company shall not be responsible for any loss, damage or expense  incurred by the Customer because of such delay. In the event the Company  is at fault, as aforesaid, its liability is limited in accordance with  the provisions of paragraphs 8-9 above.

  18. Construction of Terms and Venue. The foregoing  terms and conditions shall be construed according to the laws of the  state shown on the reverse side hereof. Unless otherwise consented to in  writing by the Company, no legal proceeding against the Company may be  instituted by the Customer, its assigns or subrogee except in the city  shown on the reverse side hereof.

  19. Interest.  Payment is due within agreed upon terms. Interest is compounded per  month on a flat fee basis. All invoices not received within 5 business  days after the agreed upon terms are subject to a flat 5% interest  charge for that month and a flat 5% interest charge each subsequent  month accrued, compounded, and added to each prior monthly outstanding  amount. All court costs, attorney fees and collection costs will be will  be added to the total outstanding amount and charged to the customer in  a court of law. All court related legal proceedings will commence  within the legal district of: Los Angeles, CA. for both domestic and  international clients. A "domestic client" is defined as any client  executing a Power of Attorney to Michael S. Cooke, CHB. residing or  operating a place of business within the United States 50 States, Puerto  Rico, District of Columbia, or any other overseas territory or insular  possession of the United States. An "international client" is defined as  any foreign based client residing or operating a place of business  overseas and executing a Power of Attorney to Michael S. Cooke, CHB. For  international clients all court related legal proceedings shall occur  against the international clients agent  insofar as said agent is domiciled within the United States 50 states,  Puerto Rico, District of Columbia, or any other overseas territory or  insular possession of the United States including United States. For  both domestic and international clients "agent" includes the 3461  ultimate consignee or other U.S. purchaser directly related to the  client. All terms over 30 days will be in writing submitted to customer  by Michael S. Cooke, CHB.

Approved by the National Customs Brokers & Forwarders Association of America, Inc 2012.