Importer Security Filing Power Of Attorney - Amberfreight Page 2
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4CBP RULES ON DISCHARGE OF IMPORTER’S LIABILITY FOR PAYMENT OF DUTIES
If you are the importer of record, payment to the broker will not relieve you of liability for CBP charges (duties, taxes or other debts owed to CBP) in the event the charges are not paid by
the broker. Therefore, if you pay by check, CBP charges may be paid with a separate check payable to the “U.S. Customs & Border Protection” which shall be delivered to CBP by the broker.
Importer’s who wish to utilize this procedure must contact our office in advance to arrange timely receipt of duty checks.
Terms and Conditions of Service
(Please Read Carefully)
These terms and conditions of service constitute a legally binding contract between the “Company” and the
(b) Subject to (c) below, Customer agrees that in connection with any and all services performed
“Customer”. In the event the Company renders services and issues a document containing Terms and
by the Company, the Company shall only be liable for its negligent acts, which are the direct
Conditions governing such services, the Terms and Conditions set forth in such other document(s) shall
and proximate cause of any injury to Customer, including loss or damage to Customer’s goods,
govern those services.
and the Company shall in no event be liable for the acts of third parties;
(c) In connection with all services performed by the Company, Customer may obtain additional liability
1. Definitions.
coverage, up to the actual or declared value of the shipment or transaction, by requesting such
Amber Freight Shipping Lines
(a) “Company” shall mean
, its subsidiaries,
coverage and agreeing to make payment therefore, which request must be confirmed in writing by
related companies, agents and/or representatives;
the Company prior to rendering services for the covered transaction(s).
(b)
“Customer” shall mean the person for which the Company is rendering service, as well as its
(d) In the absence of additional coverage under (b) above, the Company’s liability shall be limited to
agents and/or representatives, including but not limited to shippers, importers, exporters, carriers,
the following:
secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and
i. where the claim arises from activities other than those relating to customs brokerage, $50.00
underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to
per shipment or transaction, or
provide notice and copy(s) of these terms and conditions of service to all such agents or
ii. where the claim arises from activities relating to “Customs business,” $50.00 per entry or the
representatives;
amount of brokerage fees paid to the Company for the entry, whichever is less;
(c)
“Documentation” shall mean all the information received directly or indirectly from Customer,
(e) In no event shall Company be liable or responsible for consequential, indirect, incidental,
whether in paper or electronic form;
statutory or punitive damages even if it has been put on notice of the possibility of such
(d)
“Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight forwarder’ and a
damages, or for acts of third parties.
“non-vessel operating carrier”;
10. Advancing Money. All charges must be paid by Customer in advance unless the Company agrees in
(e)
“Third parties” shall include, but not be limited to, the following: “carriers, truckmen, cartmen,
writing to extend credit to Customer; the granting of credit to a Customer in connection with a particular
lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the
transaction shall not be considered a waiver of this provision by the Company.
goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or
11. Indemnification/Hold Harmless. The Customer agrees to indemnify, defend, and hold the Company
otherwise”.
harmless from any claims and/or liability, fines, penalties and/or attorney’s fees arising from the
“CBP” shall mean U.S. Customs& Border Protection.
(f)
importation or exportation of Customers merchandise and/or any conduct of the Customer, including
2. Company as agent. The Company acts as the agent of the Customer for the purpose of performing
but not limited to the accuracy of entry, export or security data supplied by Customer or its agent or
duties in connection with the entry and release of goods, post entry services, the securing of export licenses,
representative, which violates any Federal, State and/or other laws, and further agrees to indemnify
the filing of export and security documentation on behalf of the Customer and the other dealings with
and hold the Company harmless against any and all liability, loss, damages, costs, claims, penalties,
Government Agencies: as to all other services, Company acts as an independent contractor.
fines and/or expenses, including but not limited to reasonable attorney’s fees, which the Company may
3. Limitations of Actions.
hereafter incur, suffer or required to pay by reason of such claims; in the event that any claim, suit or
(a) Unless subject to a specific statute or international convention, all claims against the Company
proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its
for a potential or actual loss must be made in writing and received by the Company, within
address on file with the Company.
ninety (90) days of the event giving rise to claim; the failure to give the Company timely notice
12. C. O. D. or Cash Collect Shipments. Company shall use reasonable care regarding written
shall be a complete defense to any suit or action commenced by Customer.
instructions relating to “Cash/Collect” on “Deliver (C.O.D.)” shipments, bank drafts, cashier’s and/or
(b) All suits against Company must be filed and properly served on Company as follows:
certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding
(i) For claims arising out of ocean transportation, within one (1) year from the date of the loss;
collection of monies but shall have no liability if the bank or consignee refuses to pay for the shipment.
(ii) For claims arising out of air transportation, within two (2) years from the date of the loss;
13. Costs of Collection. In any dispute involving monies owed to Company, the Company shall be entitled
(iii) For claims arising out of the preparation and /or submission of an import entry(s), within
to all costs of collection, including reasonable attorney’s fees and interest at 15% per annum or the
seventy five (75) days from the date of liquidation of the entry(s);
highest rate allowed by law, whichever is less, unless a lower amount is agreed to by the Company.
(iv) For any and all other claims of any other type, within two (2) years from the date of the
14. General Lien and Right To Sell Customer’s Property.
a.
Company shall have a general and continuing lien on any and all property of Customer coming
loss or damage.
into Company’s actual or constructive possession or control for monies owed to Company with
4. No liability For The Selection or Services of Third Parties and/or Routes. Unless services are
regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both;
performed by persons or firms engaged pursuant to express written instructions from the Customer,
b.
Company shall provide written notice to Customer of its intent to exercise such lien, the exact
Company shall use reasonable care in its selection of third parties, or in selecting the means, route and
amount of monies due and owing, as well as any on-going storage or other charges; Customer
procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by
shall notify all parties having an interest in its shipment(s) of Company’s rights and/or the
the Company that a particular person or firm has been selected to render services with respect to the goods,
exercise of such lien.
shall not be construed to mean that the Company warrants or represents that such person or firm will render
c.
Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at
such services nor does Company assume responsibility or liability for any action(s) and/or inaction(s) of
sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the
total amount due, in favor of Company, guaranteeing payment of the monies owed, plus all
such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs
storage charges accrued or to be accrued, Company shall have the right to sell such
while a shipment is in custody or control of a third party or the agent of a third party; all claims in connection
shipment(s) at public or private sale or auction and any net proceeds remaining thereafter
with the Act of a third party shall be brought solely against such party and/or its agents; in connection with
shall be refunded to Customer.
such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any
15. No Duty To Maintain Records For Customer. Customer acknowledges that pursuant to Sections 508
charges or costs incurred by the Company.
and 509 of the Tariff Act, as amended, (19 USC 1508 and 1509) it has the duty and is solely liable for
5. Quotations Not Binding. Quotations as to fees, rates of duty, freight charges, insurance premiums or
maintaining all records required under the CBP and/or other Laws and Regulations of the United
States; unless otherwise agreed to in writing, the Company shall only keep such records that it is
other charges given by the Company to the Customer are for informational purposes only and are subject to
required to maintain by Statute(s) and/or Regulation(s), but not act as a “recordkeeper’ or
change without notice; no quotation shall be binding upon the Company unless the Company in writing
“recordkeeping agent” for Customer.
agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in
16. Obtaining Binding, Rulings, Filing Protests, etc. Unless requested by Customer in writing and agreed
the quotation and payment arrangements are agreed to between the Company and the Customer.
to by Company in writing, Company shall be under no obligation to undertake any pre- or post CBP
6. Reliance On Information Furnished.
release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of
(a) Customer acknowledges that it is required to review all documents and declarations prepared
petition(s), and/or protests, etc.
17. Preparation and Issuance of Bills of Lading. Where Company prepares and/or issues a bill of lading,
and/or filed with CBP, other Government Agency and/or third parties, and will immediately
Company shall be under no obligation to specify thereon the number of pieces, packages, and/or
advise the Company of any errors, discrepancies, incorrect statements, or omissions on any
cartons, etc.; unless specifically requested to do so in writing by Customer or its agent and Customer
declaration filed on Customers behalf;
agrees to pay for same, Company shall rely upon and use the cargo weight supplied by Customer.
(b) In preparing and submitting CBP entries, export declarations, applications, security filings,
18. No Modification or Amendment Unless Written. These terms and conditions of service may only be
documentation and/or other required data, the Company relies on the correctness of all
modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally
documentation, whether in written or electronic format, and all information furnished by
modify, alter or amend same shall be null and void.
Customer; Customer shall use reasonable care to insure the correctness of all such information
19.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
and shall indemnify and hold the Company harmless from any and all claims asserted and/or
transport and deal with the goods and such compensation shall be exclusive of any brokerage,
liability or losses suffered by reason of the Customer’s failure to disclose information or any
commissions, dividends, or other revenue received by the Company from carriers, insurers and others in
incorrect, incomplete or false statement by the Customer or its agent, representative or contractor
connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed
upon which the Company reasonably relied. The Customer agrees that the Customer has an
breakout of the components of all charges assessed and a true copy of each pertinent document relating to
affirmative non-delegable duty to disclose any and all information required to import, export or
these charges. In any referral for collection or action against the Customer for monies due the Company,
enter the goods.
upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation,
7. Declaring Higher Value To Third Parties. Third parties to whom the goods are entrusted may limit
including a reasonable attorney fee.
20.Severability. In the event any paragraph(s) and/or portion(s) hereof is found to be invalid and/or
liability for loss or damage; the Company will request excess valuation coverage only upon specific written
unenforceable, then in such event the remainder hereof shall remain in full force and effect. Company's
instructions from the Customer, which must agree to pay any charges therefore; in the absence of written
decision to waive any provision herein, either by conduct or otherwise, shall not be deemed to be a further or
instructions or the refusal of the third party to agree to a higher declared value, at Company’s discretion, the
continuing waiver of such provision or to otherwise waive or invalidate any other provision herein.
goods may be tendered to the third party, subject to the terms of the third party’s limitations of liability and/or
21.Governing Law; Consent to Jurisdiction and Venue. These terms and conditions of service and
terms and conditions of service.
relationship of the parties shall be construed according to the laws of the State of California without
8. Insurance. Unless requested to do so in writing and confirmed to Customer in writing, Company is under
giving consideration to principals of conflict of law.
no obligation to procure insurance on Customer’s behalf; in all cases, Customer shall pay premiums and
Customer and Company
a. irrevocably consent to the jurisdiction of the United States District Court and the State courts of
costs in connection with procuring requested insurance.
California;
9. Disclaimers; Limitation of Liability.
b. agree that any action relating to the services performed by Company, shall only be brought in
(a) Except as specifically set forth herein, Company makes no express or implied warranties in
said courts;
connection with its services;
c. consent to the exercise of in personam jurisdiction by said courts over it, and
d. further agree that any action to enforce a judgement may be instituted in any jurisdiction
Initial ___________
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