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Signed in as:
filler@godaddy.com
All shipments to or from the Customer, which term shall include the shipper, receiver, exporter, importer, sender, consignor, consignee, transferor or transferee of the shipments, will be handled by the forwarder and/or carrier and/or custom broker and/or truck broker and/or trucker and/or steamship line agent and/or steamship line and/or airline agent and/or airliner handling this shipment. SEASTAR, LLC will from now be referred to as the company.
1. Any loss, damage, expense or delay that occurs during the entirety of our service, the Company assumes no liability as a carrier and/or forwarder 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, truck men, lighter men, 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 limitations of 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.
2. The Company is authorized to select and engage carriers, truck men, lighter men, forwarders, customs brokers, agents warehousemen and others, as required, to transport, ship, deal with and deliver the goods, all of whom shall be considered the agents of the Customer, and the goods may be entrusted to such agencies 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 bills of lading, receipts or tariffs issued by such carriers, truck men, lighter men, 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 the custody, possession or control of third parties selected by the Company to forward, enter, clear, transport, or render other services with respect to such goods.
3. 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 service. Fees, rates of duty, freight charges, insurance premiums or other charges given by 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.
4. (a) On an import at a reasonable time prior to entering of the goods for customs, the Customer shall furnish to the Company invoices in proper form and other documents necessary or useful in the preparation of the 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 applicable 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 the customs entry or comply with applicable 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 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 country of origin 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 paragraphs 8 - 10 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.
5. In as much 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 trucker, etc. the Company must receive specific written instructions from the Customer to pay such higher charge based on valuation and the carriers etc., must accept such higher declared value; otherwise the valuation placed by the Customer on the goods for export or customs purposes shall be considered the valuation, and the goods will be delivered to the carriers etc., subject to the limit of liability set forth herein in paragraph 8-9 below with respect to any claim against the Company and subject to the provisions of paragraph 2 above.
6. The Company will make reasonable efforts to affect marine, 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 the point of origin, and 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, upon instructions from Customer, 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 other 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 or 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 under 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.
7. (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 for above.
8. 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 unless 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.
9. The Company shall not be obligated to incur any expense, guarantee any payment or advance any money in connection with the importing, forwarding, transporting, insuring storing or coopering of the goods. 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 hereof.
10. 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 effect or diminish the liability of the Customer to the Company to pay all charges or other money due promptly on demand.
11. 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 an 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.
12. 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 any 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 amounts due 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.
13. 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 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, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.
14. It is the responsibility of the Customer to know and comply with the marking requirements of the applicable customs service, the regulations of applicable food and drug agencies, and all other requirements, including regulations of other applicable governmental 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.
15. 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 applicable 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 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.
16. Unless the service to be performed by the Company on behalf of the Customer are delayed by reason of 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.
CUSTOMER UNDERSTANDS AND AGREES THAT SEASTAR, LLC IS REQUIRED TO SEND EXPORT DATA ABOUT SHIPMENT(S) TO U.S. CUSTOMS VIA THEIR ELECTRONIC SYSTEMS, AND AGREES TO THAT. CUSTOMER ALSO UNDERSTANDS AND AGREES THAT THE REGULATION 15 CFR 30.4(B)(1)(ii) REQUIRES THE CUSTOMER TO PROVIDE THE NECESSARY INFORMATION TO SEASTAR, LLC TO GENERATE A SHIPPER’S EXPORT DECLARATION (SED) AND RELAY SAID SED TO U.S. CUSTOMS. SAID REGULATION ALSO REQUIRES CUSTOMER TO PROVIDE SEASTAR, LLC WITH A POWER OF ATTORNEY (POA), IN ORDER FOR SEASTAR, LLC TO ACT AS AN AGENT OF THE CUSTOMER AND TRANSMIT THE INFORMATION REQUIRED TO U.S. CUSTOMS ON BEHALF OF THE CUSTOMER. CUSTOMER PROVIDES SEASTAR, LLC WITH SUCH POA AND AGREES TO HAVE SEASTAR, LLC RELAY THE NECESSARY INFORMATION TO U.S. CUSTOMS VIA THEIR ELECTRONIC SYSTEMS. CUSTOMER ALSO GIVES AUTHORIZATION TO SEASTAR, LLC TO PERFORM ANY AND ALL NECESSARY ACTION(S) IN THE SHIPMENT PROCESS.
HOLD HARMLESS AGREEMENT
ALL SHIPMENTS TO OR FROM THE CUSTOMER, WILL BE HANDLED BY THE FORWARDER AND/OR CARRIER AND/OR CUSTOM BROKER AND/OR TRUCK BROKER AND/OR TRUCKER AND/OR STEAMSHIP LINE AGENT AND/OR STEAMSHIP LINE AND/OR AIRLINE AGENT AND/OR AIRLINER HANDLING THE SHIPMENT. FOR GOODS AND VALUABLES CONSIDERATION, THE ADEQUACY OF WHICH IS HEREBY ACKNOWLEDGED, THE CUSTOMER / SHIPPER HEREBY AGREES AS FOLLOWS:
1. CUSTOMER UNDERSTANDS AND AGREES THAT OCEAN CONTAINERS HAVE WEIGHT LIMITS FOR ROAD, RAIL, AND OCEAN TRANSPORTATION, AND UNDERSTANDS AND AGREES THAT IT IS THE CUSTOMER’S RESPONSIBILITY TO BE AWARE OF THESE LIMITS AND COMPLY. CUSTOMER UNDERSTANDS THAT FAILURE TO COMPLY WILL RESULT IN LIABILITIES, DELAYS, AND COSTS, FOR WHICH CUSTOMER AGREES TO BE FULLY RESPONSIBLE, AND AGREES TO RECTIFY THE SITUATION. CUSTOMER CONFIRMS THAT THE COMPANY HAS EXPLAINED WHAT THE WEIGHT LIMITS ARE AND AGREES TO ABIDE BY THEM FOR THE SHIPMENT(S), AND CUSTOMER WILL HOLD THE COMPANY HARMLESS FROM ANY AND ALL LIABILITIES IN THESE REGARDS.
2. CUSTOMER IS RESPONSIBLE TO PERFORM ANY AND ALL NECESSARY FOREIGN CUSTOMS FORMALITIES REQUIRED, AT THE CUSTOMER’S OWN RESPONSIBILITY AND EXPENSE, AND CUSTOMER SHALL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL LIABILITIES IN THESE REGARDS.
3. CUSTOMER IS RESPONSIBLE TO PERFORM ANY AND ALL NECESSARY U.S. CUSTOMS FORMALITIES REQUIRED, AT THE CUSTOMER’S OWN RESPONSIBILITY AND EXPENSE, AND CUSTOMER SHALL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL LIABILITIES IN THESE REGARDS.
4. IF U.S. CUSTOMS AND BORDER PROTECTION PLACE A HOLD ON A SHIPMENT FOR INSPECTION, CUSTOMER UNDERSTANDS THAT ADDITIONAL COSTS WILL ACCRUE FOR (BUT NOT LIMITED TO) DRAYAGE, INSPECTION, WAREHOUSING, DEMURAGE / DETENTION, STORAGE, AND CUSTOMER AGREES TO BE RESPONSIBLE FOR ALL ADDITIONAL CHARGES RESULTING FROM THE INSPECTION AND PAY THEM IN FULL. CUSTOMER UNDERSTANDS THAT SAID EXAMINATIONS CAN HAPPEN WITH IMPORTED SHIPMENTS, AS WELL AS EXPORTED SHIPMENTS.
5. THE COMPANY RESERVES THE RIGHT TO PREVENT ADDED LIABILITIES BY DOING WHAT IS NECESSARY, SUCH AS, BUT NOT LIMITED TO, AN ABANDONMENT OF CARGO NOTICE SENT TO THE CARRIER IF CUSTOMER FAILS TO CLEAR AND RECEIVE THE SHIPMENT WITHIN 60 DAYS FROM THE DATE OF ARRIVAL. CUSTOMER SHALL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL LIABILITIES IN THESE REGARDS.
6. CUSTOMER IS RESPONSIBLE TO PURCHASE INSURANCE FROM A THIRD PARTY INSURER. CUSTOMER UNDERSTANDS THAT THE SHIPMENT WILL NOT CARRY ANY FORM OF INSURANCE BY DEFAULT. THE COMPANY CAN ONLY SELL TOTAL LOSS INSURANCE IF REQUESTED IN WRITING AND PAID FOR IN A TIMELY MANNER, AND CUSTOMER SHALL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL LIABILITIES IN THESE REGARDS.
7. CUSTOMER UNDERSTANDS THAT STEAMSHIP LINES AND TRUCKING COMPANIES ALLOW A LIMITED AMOUNT OF FREE DAYS TO STUFF / DE-VAN THE OCEAN CONTAINER IF DROPPED AND PICKED, AND A LIMITED AMOUNT OF FREE HOURS IF LIVE LOADED / DE-VANNED. CUSTOMER UNDERSTANDS THAT IF THE CONTAINER IS HELD FOR MORE THAN THE FREE ALLOTED TIME, THERE WILL BE ADDITIONAL CHARGES THAT CUSTOMER AGREES TO PAY, AND CUSTOMER WILL HOLD THE COMPANY HARMLESS FROM ANY AND ALL LIABILITIES IN THESE REGARDS.
8. CUSTOMER UNDERSTANDS THAT IF THE SHIPMENT IS LEAKING, IT WILL BE REFUSED BY THE CARRIERS AND EITHER RETURNED TO CUSTOMER FACILITY PREMISES AT CUSTOMER’S EXPENSE TO FIX THE LEAK AND CLEAN IT UP, OR CLEANED UP BY A THIRD PARTY AT CUSTOMER’S EXPENSE.
9. CUSTOMER UNDERSTANDS THAT CONTAINER(S) ALSO HAS TO BE CLEAN WHEN RETURNING EMPTY AFTER UNLOADING AT DESTINATION. CUSTOMER UNDERSTANDS THAT, OTHERWISE, THE CARRIER WILL CHARGE CUSTOMER FOR CLEANING, AND CUSTOMER AGREES TO PAY THESE CHARGES IF THEY WERE TO ARISE AND CUSTOMER WILL HOLD THE COMPANY HARMLESS FROM ANY AND ALL LIABILITIES IN THESE REGARDS.
10. CUSTOMER UNDERSTANDS THAT CONTAINER DELIVERY LOCATION HAS TO BE CLEAN, AND A CLEAR WAY FOR THE DRIVER TO MANEUVER THE CONTAINER HAS TO BE AVAILABLE IN ORDER FOR THE TRUCK TO EASILY NAVIGATE AND PICK-UP OR PARK THE CONTAINER AT THE APPROPRIATE SPOT. CUSTOMER UNDERSTANDS THAT FAILURE TO DO SO WILL RESULT IN DELAYS AND/OR ADDITIONAL CHARGES, AND CUSTOMER AGREES TO PAY THESE CHARGES AND WILL HOLD THE COMPANY HARMLESS FROM ANY AND ALL LIABILITIES IN THESE REGARDS.
11. IF CUSTOMER ELLECTS TO STUFF OR EMPTY CONTAINER(S) IN A RESIDENTIAL AREA, CUSTOMER AGREESS TO PERFORM DUE DILIGENCE BY VISITING THE CITY HALL AND/OR POLICE STATION OF THE CITY IN ORDER TO RECEIVE PERMISSION(S) FOR KEEPING THE CONTAINER(S) IN SAID RESIDENTIAL AREA WHILE STUFFING / DE-VANNING, AND CUSTOMER WILL HOLD THE COMPANY HARMLESS OF ANY AND ALL LIABILITIES IN THESE REGARDS.
12. CUSTOMER UNDERSTANDS THAT A PACKING LIST AND COMMERCIAL INVOICE FOR CARGO ARE ALWAYS REQUIRED. CUSTOMER UNDERSTANDS AND AGREES THAT IT IS THE CUSTOMER’S RESPONSIBILITY TO PROVIDE THESE DOCUMENTS AND CUSTOMER WILL HOLD SEASTAR HARMLESS FROM ANY AND ALL LIABILITIES IN THESE REGARDS.
13. CUSTOMER UNDERSTANDS THAT IF THEY ARE IMPORTING INTO THE U.S. BY OCEAN, ISF (IMPORTER SECURITY FILING) IS AN IMPORTANT STEP IN THE PROCESS, AND SHOULD TO BE IN PLACE 72 HOURS PRIOR TO VESSEL SAILING. CUSTOMER UNDERSTANDS THAT FAILURE TO COMPLY WITH THIS REGULATION MAY RESULT IN FINES, PENALTIES, AND FORFEITURES BY U.S. CUSTOMS, AND CUSTOMER WILL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL LIABILITIES IN THESE REGARDS.
14. CUSTOMER UNDERSTANDS THAT THEY HAVE TO BE KNOWLEDGEABLE OF CUSTOMS RULES AND REGULATIONS PERTAINING TO CUSTOMER’S SPECIFIC COMMODITY / CARGO. CUSTOMER UNDERSTANDS THAT FAILURE TO DO SO MAY RESULT IN ISSUES, WHICH COULD GO AS FAR AS CUSTOMS DENYING THE GOODS TO ENTER THE COUNTRY, IN WHICH CASE THE CARGO WOULD HAVE TO EITHER BE ABANDONED, DESTROYED, OR RE-EXPORTED, AND CUSTOMER SHALL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL LIABILITIES IN THESE REGARDS.
15. CUSTOMER UNDERSTANDS AND AGREES THAT THE COMPANY IS NOT LIABLE AND IS NOT RESPONSIBLE FOR ANY DAMAGES, PARTIAL OR IN TOTALITY, TO VEHICLES AND/OR OTHER CARGO. CUSTOMER UNDERSTANDS AND AGREES THAT THE COMPANY IS PROVIDING THE SERVICE OF STUFFING THE CONTAINER AT CUSTOMER’S OWN RISK AND RESPONSIBILITY. CUSTOMER CONFIRMS THAT COMPANY HAS EXPLAINED THE OPTION THAT CUSTOMER CAN STUFF THE CONTAINER, BUT CUSTOMER HAS INSTEAD CHOSEN TO HAVE THE COMPANY HIRE A THIRD PARTY TO STUFF IT AT CUSTOMER’S OWN RISK AND RESPONSIBILITY.
16. CUSTOMER SHALL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL LIABILITIES REGARDING, BUT NOT LIMITED TO, DELAYS, DAMAGES, AND LOSSES TO THE SHIPMENT(S).
17. CUSTOMER UNDERSTANDS THAT ALL DATES ARE ESTIMATED AND WITHOUT ANY GUARANTEES, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE, AND CUSTOMER SHALL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL LIABILITIES IN THIS REGARD.
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