Power Of Attorney Form (Page 2 of 4) in pdf

In connection with all services performed by the Company, Customer may obtain

Terms and Conditions of Service

additional liability coverage, up to the actual or declared value of the shipment or

transaction, by requesting such coverage and agreeing to make payment therefor,

which request must be confirmed in writing by the Company prior to rendering

These terms and conditions of service constitute a legally binding contract between the “Company” and the

“Customer”. In the event the Company renders services and issues a document containing Terms and

services for the covered transaction(s).

In the absence of additional coverage under (b) above, the Company’s liability shall

Conditions governing such services, the Terms and Conditions set forth in such other document(s) shall govern

be limited to the following:

those services.

where the claim arises from activities other than those relating to customs

brokerage, $50.00 per shipment or transaction, or

Definitions

where the claim arises from activities relating to ‘Customs business,” $50.00

“Company” shall mean Andrews Air Corporation, doing business as Mainfreight

ii.

per entry or the amount of brokerage fees paid to Company for the entry,

San Francisco, its subsidiaries, related companies, agents and/or representatives;

“Customer” shall mean the person for which the Company is rendering service, as

whichever is less;

well as its agents and/or representatives, including, but not limited to, shippers,

In no event shall Company be liable or responsible for consequential, indirect,

importers, exporters, carriers, secured parties, warehousemen, buyers and/or

sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees,

incidental, statutory or punitive damages even if it has been put on notice of the

possibility of such damages.

etc. It is the responsibility of the Customer to provide notice and copy(s) of

these terms and conditions of service to all such agents or representatives;

10.

Advancing Money

“Documentation” shall mean all information received directly or indirectly from

All charges must be paid bv Customer in advance unless the Company agrees in writing to extend

Customer, whether in paper or electronic form;

“Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight

credit to customer; the granting of credit to a Customer in connection with a particular transaction

shall not be considered a waiver of this provision by the Company.

forwarder” and a “non-vessel operating carrier”:

“Third parties” shall include, but not be limited to, the following: “carriers, truckmen,

11.

Indemnification/Hold Harmless

cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen

The Customer agrees to indemnify, defend, and hold the Company harmless from any claims

and others to which the goods are entrusted for transportation, cartage, handling

and/or delivery and/or storage or otherwise”.

and/or liability arising from the importation or exportation of customers merchandise and/or any

conduct of the Customer, which violates any Federal, State and/or other laws. and further agrees

to indemnify and hold the Company harmless against any and all liability, loss, damages, costs,

Company as agent

claims and/or expenses, including but not limited to reasonable attorney’s Sees, which the

The Company acts as the “agent” of the Customer for the purpose of performing duties in

Company may hereafter incur, suffer or be required to pay by reason of such claims; in the event

connection with the entry and release of goods, post entry services, the securing of export

that any claim, suit or proceeding is brought against the Company, it shall give notice in writing to

licenses, the filing of export documentation on behalf of the Customer and other dealings with

the Customer by mail at its address on file with the Company.

Government Agencies: as to all other services, Company acts as an independent contractor.

12.

C.O.D. or Cash Collect Shipments

Limitation of Actions

Company shall use reasonable care regarding written instructions relating to “Cash/Collect” on

Unless subject to a specific statute or international convention, all claims against

“Deliver (C.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, letter(s) of credit and

the Company for a potential or actual loss, must be made in writing and received by

other similar payment documents and/or instructions regarding collection of monies but shall have

the Company, within ninety (90) days of the event giving rise to claim; the failure to

not liability if the bank or consignee refuses to pay for the shipment.

give the Company timely notice shall be a complete defense to any suit or action

commenced by Customer.

13.

Costs of Collection

All suits against Company must be filed and properly served on Company as

In any dispute involving monies owed to Company, the Company shall be entitled to all costs of

follows:

collection, including reasonable attorney’s fees and interest at 18% per annum or the highest rate

For claims arising out of ocean transportation, within one (1) year from the

allowed by law, whichever is less, unless a lower amount is agreed to by Company.

date of the loss;

ii.

For claims arising out of air transportation, within two (2) years from the

General Lien and Right To Sell Customer’s Property

14.

date of the loss;

Company shall have a general and continuing lien on any and all property of

iii.

For claims arising out of the preparation and/or submission of an import

Customer coming into Company’s actual or constructive possession or control for

entry(s), within seventy five (75) days from the date of liquidation of the

monies owed to Company with regard to the shipment on which the lien is claimed,

entry(s);

a prior shipment(s) and/or both;

iv.

For any and all other claims of any other type, within two (2) years from the

Company shall provide written notice to Customer of its intent to exercise such lien,

date of the loss or damage.

the exact amount of monies due and owing, as well as any on-going storage or

other charges; Customer shall notify all parties having an interest in its shipment(s)

No Liability For The Selection or Services of Third Parties and/or Routes

of Company’s rights and/or the exercise of such lien.

Unless services are performed by persons or firms engaged pursuant to express written

Unless, within thirty days of receiving notice of lien, Customer posts cash or letter

instructions from the Customer, Company shall use reasonable care in its selection of third

of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to

parties, or in selecting the means, route and procedure to be followed in the handling,

110% of the value of the total amount due, in favor of Company, guaranteeing

transportation, clearance and delivery of the shipment; advice by the Company that a particular

payment of the monies owed, plus all storage charges accrued or to be accrued,

person or firm has been selected to render services with respect to the goods, shall not be

Company shall have the right to sell such shipment(s) at public or private sale or

construed to mean that the Company warrants or represents that such person or firm will render

auction and any net proceeds remaining thereafter shall be refunded to Customer.

such services nor does Company assume responsibility or liability for any actions(s) and/or

inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of

15.

No Duty To Maintain Records For Customer

any kind, which occurs while a shipment is in the custody or control of a third party or the agent of

Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19

a third party; all claims in connection with the Act of a third party shall be brought solely against

USC § 1508 and 1509) it has the duty and is solely liable for maintaining all records required

such party and/or its agents; in connection with any such claim, the Company shall reasonably

under the Customs and/or other Laws and Regulations of the United States; unless otherwise

cooperate with the Customer, which shall be liable for any charges or costs incurred by the

agreed to in writing, the Company shall only keep such records that it is required to maintain by

Company.

Statute(s) and/or Regulation(s), but not act as a “recordkeeper” or “recordkeeping agent” for

Customer.

Quotations Not Binding

Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given

16.

Obtaining Binding Rulings, Filing Protests, etc

by the Company to the Customer are for informational purposes only and are subject to change

Unless requested by Customer in writing and agreed to by Company in writing, Company shall be

without notice; no quotation shall be binding upon the Company unless the Company in writing

under no obligation to undertake any pre- or post Customs release action, including, but not

agrees to undertake the handling or transportation of the shipment at a specific rate or amount set

limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.

forth in the quotation and payment arrangements are agreed to between the Company and the

Customer.

17.

Preparation and Issuance of Bills of Lading

Where Company prepares and/or issues a bill of lading, Company shall be under no obligation to

Reliance On Information Furnished

specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically requested

Customer acknowledges that it is required to review all documents and declarations

to do so in writing by Customer or its agent and Customer agrees to pay for same, Company shall

prepared and/or filed with the Customs Service, other Government Agency and/or

rely upon and use the cargo weight supplied by Customer.

third parties, and will immediately advise the Company of any errors, discrepancies,

incorrect statements, or omissions on any declaration filed on Customers behalf;

18.

No Modification or Amendment Unless Written

In preparing and submitting customs entries, export declarations, applications,

These terms and conditions of service may only be modified, altered or amended in writing signed

documentation and/or export data to the United States and/or a third party, the

by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be

Company relies on the correctness of all documentation, whether in written or

null and void.

electronic format, and all information furnished by Customer; Customer shall use

reasonable care to insure the correctness of all such information and shall

19.

Compensation of Company. The compensation of the Company for its services shall be

indemnify and hold the Company harmless from any and all claims asserted and/or

liability or losses suffered by reason of the Customer’s failure to disclose

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

information or any incorrect or false statement by the Customer upon which the

any brokerage, commissions, dividends, or other revenue received by the Company from carriers,

Company reasonably relied. The Customer agrees that the Customer has an

insurers and others in connection with the shipment. On ocean exports, upon request, the

affirmative non-delegable duty to disclose any and all information required to

Company shall provide a detailed breakout of the components of all charges assessed and a true

import, export or enter the goods.

copy of each pertinent document relating to these charges. In any referral for collection or action

against the Customer for monies due the Company, upon recovery by the Company, the

Declaring Higher Value To Third Parties

Customer shall pay the expenses of the collection and/or litigation, including a reasonable attorney

Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company

fee.

will request excess valuation coverage only upon specific written instructions from the Customer,

which must agree to pay any charges therefor; in the absence of written instructions or the refusal

of the third party to agree to a higher declared value, at Company’s discretion, the goods may be

20.

Severability

In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable,

tendered to the third party, subject to the terms of the third party’s limitations of liability and/or

then in such event the remainder hereof shall remain in full force and effect.

terms and conditions of service.

21.

Governing Law; Consent to Jurisdiction and Venue

Insurance

These terms and conditions of service and the relationship of the parties shall be construed

Unless requested to do so in writing and confirmed to Customer in writing, Company is under no

according to the laws of the State of state without giving consideration to principals of conflict of

obligation to procure insurance on Customer’s behalf; in all cases, Customer shall pay all

law. Customer and Company

premiums and costs in connection with procuring requested insurance.

irrevocably consent to the jurisdiction of the United States District Court and the

State courts of state;

Disclaimers; Limitation of Liability

agree that any action relating to the services performed by Company, shall only be

Except as specifically set forth herein, Company makes no express or implied

brought in said courts;

warranties in connection with its services;

consent to the exercise of in person a jurisdiction by said courts over it, and

Subject to (c) below, Customer agrees that in connection with any and all services

further agree that any action to enforce a judgment may be instituted in any

performed by the Company, the Company shall only be liable for its negligent acts,

jurisdiction.

which are the direct and proximate cause of any injury to Customer, including loss

or damage to Customer’s goods, and the Company shall in no event be liable for

the acts of third parties;

Our Terms and Conditions can also be found on our website at:

Power Of Attorney Form Page 2

Related Articles

Related forms

Related Categories