Terms & Conditions
1. Choosing routes or agents. The company has complete freedom in choosing the means, route and procedure to be followed in the handling and transportation and delivery of the goods.
2. Liability Limitations of Third Parties. 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. Company is authorized to select and employ carriers, truck men, forwarders, brokers, agents, warehousemen, etc, as required to transport, store, handle and deliver 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, stamped, appearing in bols, receipts or tariffs issued by such carriers , truck men, forwarders, customs brokers, agents, warehousemen and others. The company shall under no circumstances be liable for loss, damage, expense or delay to 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.
3. 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 improper 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 alias, the dutiable value, the classification, the country of origin, the genuineness of the merchandise and any mark or symbol associated with it, the Customers right to import and/or distribute the merchandise and the merchandise 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 circumstance s to which such inaccurate, incomplete or omitted information or document pertains. When 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, if 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 . 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 attorney’s 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.
4. Quotations not binding. Quotations for fees, rates of duty, freight charges, insurance premiums or other given by Company to the Customer are for information purposes only and are subject to change without notice and shall not under any circumstances be binding upon the Company
5. 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 exhibitor in sufficient time prior to 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 such insurance can or will be placed. Unless the customer has its own policy and instructs the company to effect insurance under such policy, insurance is limited to carrier liability. The certificate shall govern any insurance placed 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 will be at the customer’s expense. If 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 Customer. Unless specifically agreed in writing, the company accepts no responsibility to effect insurance on any export/ import shipment, which it does not handle. Company shall not be liable for any claims not presented to it in writing within 30 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 institute 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.
7. Loss, Damage or Expense due to Delay. TES shall not be responsible for loss, damage, or expense incurred by Customer because of delay.
8. Limitation of Liability for Loss, etc. 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 of $50.00 per shipment. 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.
9. 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 not be under an 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. 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/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.
11. General Lien on Any Property. The company shall have a general lien on any and all property of the customer in its possession, custody or control or en route, for all claims for charge, expenses or advances incurred by the company in connection with any shipments of the customer and id 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 to the customer, the goods, wares and / or merchandise , or so much thereof as may be necessary to satisfy such lien, and apply he net proceeds of such sale to the payment of the amount due to the company.
12. 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 die to the company, upon recovery by the company, the customer shall pay the expenses of collection and/or litigation, handling a reasonable attorney fee.
13. No Responsibility for Governmental Requirements. It is the customer’s responsibility to 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.
14. 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 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.
15. Construction of Terms and Venue. The foregoing terms and conditions shall be construed according to the laws of the State of GA. Unless otherwise consented to in writing by the Company, no legal proceeding against the Company may be instituted by the Customer, its assigns, or subrogate except in the City of Atlanta.