These Terms and Conditions of Service govern every service that Global Customs Brokers LLC performs for its customers and form a binding agreement between the Company and the Customer. Where the Company issues a separate document setting out terms for a particular service, the terms in that document control that service to the extent they differ from these.
- Definitions. In these terms:
- "Company" means Global Customs Brokers LLC together with its subsidiaries, affiliated companies, agents, and representatives.
- "Customer" means the party for whom the Company performs services, together with its principals, agents, and representatives, which may include shippers, importers, exporters, carriers, secured parties, warehousemen, buyers, sellers, shipper's agents, insurers, underwriters, break-bulk agents, and consignees. The Customer is responsible for giving notice and a copy of these terms to each of its agents and representatives.
- "Documentation" means all information the Company receives from the Customer, directly or indirectly, whether on paper or in electronic form.
- "Ocean Transportation Intermediary" ("OTI") means an ocean freight forwarder or a non-vessel-operating common carrier.
- "Third parties" means the carriers, truckers, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen, and others to whom goods are entrusted for transportation, handling, delivery, storage, or similar services.
- The Company Acts as Agent. Except where it expressly acts as a carrier, the Company acts as the Customer's agent for the entry and release of goods, post-entry services, securing export licenses, filing export and security documentation, and other dealings with government agencies, and for arranging transportation and other logistics services, whether domestic or international.
- Time Limits for Claims and Suits. Unless a specific statute or international convention applies, the Customer must make any claim for actual or potential loss in writing, and the Company must receive it within thirty (30) days of the event giving rise to the claim. Failure to give timely notice is a complete defense to any suit or action. Any suit against the Company must be filed and properly served within the following periods:
- claims arising from ocean transportation: one (1) year from the date of loss;
- claims arising from the brokering of domestic motor carrier transportation: one (1) year from the date of loss;
- claims arising from air transportation: one (1) year from the date of loss;
- claims arising from the preparation or submission of an import entry: thirty (30) days from the date the entry is liquidated;
- all other claims: one (1) year from the date of loss or damage.
- Third Parties and Routing. Where the Customer has not engaged a person or firm by express written instruction, the Company will use reasonable care in selecting third parties and in choosing the means, route, and procedure for handling, transporting, clearing, and delivering a shipment. The Company's advice that a particular person or firm has been selected is not a warranty that the firm will perform, and the Company assumes no responsibility for the acts or omissions of any third party or its agents. The Company is not liable for any delay or loss that occurs while a shipment is in the custody or control of a third party or its agent. Any claim connected with the act of a third party must be brought solely against that party; the Company will reasonably cooperate with the Customer in pursuing such a claim, and the Customer is responsible for any related costs.
- Quotations Are Not Binding. Quotations for fees, duty rates, freight charges, insurance premiums, or other charges are provided for information only and may change without notice. A quotation binds the Company only where the parties agree in writing to handle or transport the shipment at a stated rate and have agreed on payment arrangements.
- Reliance on Information the Customer Provides.
- The Customer is responsible for reviewing every document and declaration prepared or filed with U.S. Customs and Border Protection, any other government agency, or any third party, and must promptly advise the Company of any error, discrepancy, misstatement, or omission.
- In preparing and submitting entries, export declarations, applications, security filings, delivery orders, and other required data, the Company relies on the accuracy of the Documentation and information the Customer furnishes. The Customer must use reasonable care to make that information correct and will indemnify and hold the Company harmless from any claim, liability, or loss caused by the Customer's failure to disclose information or by any incorrect, incomplete, or false statement on which the Company reasonably relied. The Customer has an affirmative, non-delegable duty to disclose all information needed to import, export, or enter the goods.
- The Customer must provide verified cargo weights obtained on calibrated, certified equipment for any cargo tendered to steamship lines, and agrees that the Company may rely on those weights and may counter-sign or endorse them as the Customer's agent in order to certify the weight to the line. The Customer will indemnify and hold the Company harmless from any claim, loss, penalty, or cost arising from an incorrect or questionable weight it provides.
- The Customer must notify the Company in advance of any intent to tender hazardous materials and must otherwise comply with all federal and international hazardous-materials regulations.
- Declaring a Higher Value to Third Parties. A third party to whom goods are entrusted may limit its liability for loss or damage. The Company will request excess-valuation coverage only on the Customer's specific written instruction and the Customer's agreement to pay the related charges. Without such instruction, or if the third party will not agree to a higher declared value, the Company may, at its discretion, tender the goods subject to that third party's liability limits and terms of service.
- Insurance. The Company has no duty to obtain insurance on the Customer's behalf unless the Customer requests it in writing and the Company confirms the request in writing. In every case the Customer pays all premiums and costs of obtaining the requested insurance.
- Disclaimers and Limitation of Liability.
- Except as expressly stated in these terms, the Company makes no express or implied warranty in connection with its services.
- The Customer may obtain cargo coverage up to the actual or declared value of the shipment by requesting it and agreeing to pay for it, provided the Company confirms the request in writing before performing the covered service.
- In all cases the Company's liability is limited to: where the claim arises from activities other than customs business, $50.00 per shipment or transaction; and where the claim arises from customs business, $50.00 per entry or the amount of brokerage fees the Customer paid the Company for that entry, whichever is less.
- The Company is not liable for consequential, indirect, incidental, statutory, or punitive damages, even if advised of their possibility, or for the acts of third parties.
- For domestic transportation, the Company is not liable for a motor carrier's failure to maintain insurance or for the accuracy of any coverage documentation a motor carrier provides.
- Advancing Money. The Customer must pay all charges in advance unless the Company agrees in writing to extend credit. Extending credit on one transaction does not waive this requirement for any other.
- Indemnification and Hold Harmless. The Customer will indemnify, defend, and hold the Company harmless from any claim, liability, fine, cost, penalty, or attorney's fee arising from the import or export of the Customer's merchandise or from any conduct of the Customer, including the inaccuracy of entry, export, or security data the Customer or its agent supplies that violates any federal, state, or other law or regulation. If a claim, suit, or proceeding is brought against the Company, it will notify the Customer in writing by mail at the address on file. This indemnity covers all claims and costs that arise, directly or indirectly, from actions the Company must take under customs regulations to report to CBP when it withdraws from or cancels its representation of a Customer because, in the Company's judgment, the Customer is attempting to use the Company to defraud the U.S. government or to commit a criminal act against it.
- C.O.D. and Cash-Collect Shipments. The Company will use reasonable care in following written instructions about cash- or collect-on-delivery (C.O.D.) shipments, bank drafts, cashier's or certified checks, letters of credit, and similar payment documents or collection instructions, but is not liable if a bank or consignee refuses to pay for the shipment.
- Costs of Collection. In any dispute over money owed to the Company, the Company is entitled to all costs of collection, including reasonable attorney's fees and interest at ten percent (10%) per year or the highest rate allowed by law, whichever is less, unless the Company agrees to a lower amount.
- General Lien and Right to Sell the Customer's Property.
- The Company has a continuing lien on all property and related documents of the Customer that come into its actual or constructive possession, custody, or control, or that are en route. The lien survives delivery and secures all charges, expenses, or advances owed to the Company for the shipment on which it is claimed, for any prior shipment, or for both. Customs duties, transportation charges, and related payments the Company advances are deemed paid in trust for the Customer and are pass-through payments for which the Company acts only as a conduit.
- The Company will give the Customer written notice of its intent to exercise the lien, the exact amount due, and any continuing storage or other charges. The Customer will notify every party with an interest in the shipment of the Company's rights and of any exercise of the lien.
- If, within thirty (30) days of receiving notice, the Customer does not post cash, a sight letter of credit, or (where the amount is disputed) an acceptable bond equal to 110% of the total amount due in the Company's favor, the Company may sell the shipment at public or private sale or auction and will refund any net proceeds to the Customer.
- No Duty to Maintain the Customer's Records. Under Sections 508 and 509 of the Tariff Act, as amended (19 U.S.C. §§ 1508 and 1509), the Customer alone is responsible for keeping all records required under U.S. customs and other laws and regulations. Unless agreed otherwise in writing, the Company keeps only the records it is required to keep by statute or regulation and does not act as a recordkeeper or recordkeeping agent for the Customer.
- Binding Rulings, Protests, and Similar Actions. Unless the Customer requests it in writing and the Company agrees in writing, the Company has no duty to take any pre- or post-release action, including obtaining binding rulings, advising of liquidations, or filing petitions or protests.
- No Duty to Determine Licensing Authority. Unless the Customer requests it in writing and the Company agrees in writing, the Company is not responsible for determining licensing authority or for obtaining any license or other authorization for the export from or import into the United States.
- The Company Is Not a Party to the Transaction. Unless the Customer requests it in writing and an officer of the Company agrees in writing, the Company is not a party to the underlying transaction, including as manufacturer, seller, buyer, importer, importer of record, or exporter, and assumes none of the obligations of such a party in connection with the import, export, or related transactions.
- Preparing and Issuing Bills of Lading. Where the Company prepares or issues a bill of lading, the Customer or its agent must supply the marks needed to identify the goods, the number of packages, and the quantity, weight, and apparent condition of the goods. Unless the Customer asks in writing and agrees to pay for it, the Company will rely on and use the information the Customer supplies on any bill of lading or shipping document.
- Changes Must Be in Writing. These terms may be modified, altered, or amended only in a writing signed by both the Customer and the Company. Any attempt to change them unilaterally is void.
- Compensation of the Company. The Company's compensation is in addition to, and separate from, the rates and charges of the carriers and other agencies it selects to move and handle the goods, and is exclusive of any brokerage, commission, dividend, or other revenue the Company receives from carriers, insurers, or others in connection with the shipment. On ocean exports, the Company will, on request, provide a detailed breakdown of all charges and a true copy of each relevant document. If the Company refers a matter for collection or brings an action for money due, the Customer will pay the expenses of collection or litigation, including a reasonable attorney's fee, upon the Company's recovery.
- Force Majeure. The Company is not liable for any loss, damage, delay, wrong or missed delivery, or other nonperformance, in whole or in part, caused by circumstances beyond the control of the Company or its subcontractors, including: acts of God such as flood, earthquake, tornado, storm, hurricane, power failure, epidemic, or other natural disaster or severe health crisis; cyber-security breaches, including outages and attacks; war, hijacking, robbery, theft, or terrorism; incidents affecting or deterioration of the means of transportation; embargoes; civil commotion or riot; defects or the inherent nature of the goods; acts, breaches, or omissions of the Customer, shipper, consignee, or any other interested party; acts of any government or agency, including the denial or cancellation of a license; and strikes, lockouts, or other labor disputes. In such an event the Company may amend any tariff or negotiated rate on one day's notice as needed to provide the requested service.
- Severability and Waiver. If any provision or part of these terms is found invalid or unenforceable, the remainder stays in full force and effect. The Company's waiver of any provision, by conduct or otherwise, is not a continuing waiver of that provision and does not waive or invalidate any other provision.
- Governing Law, Jurisdiction, and Venue. These terms and the relationship of the parties are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The Customer and the Company:
- irrevocably consent to the jurisdiction of the United States District Court and the state courts of Florida;
- agree that any action relating to the Company's services will be brought only in those courts;
- consent to those courts' exercise of personal jurisdiction over them; and
- agree that an action to enforce a judgment may be brought in any jurisdiction.
