Amobelge Shipping LLC
These terms and conditions of service constitute a legally binding contract between Amobelge Shipping LLC, 172 Broadway, Suite A, Bayonne, NJ 07002 USA (the ”Company”) and you, the customer (the “Customer”). In the event the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions of Service set forth in such other document(s) shall govern those services. In the event the Customer is shipping motor vehicles or other self-propelled vehicles, there are additional terms and Conditions of Service set forth on the Company’s website and in other Company document(s) which shall also govern those services related to the shipment of said vehicles.
Terms and Conditions of Service
- “Company” shall mean Amobelge Shipping LLC, its subsidiaries, related companies, agents and/or representatives;
- “Customer” shall mean the person for which the Company is rendering service, as well as its principals, agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and coy(s) of these terms and conditions of service to all such agents or representatives;
- “Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;
- “Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight forwarder” and a “non-vessel operating carrier”;
“Third parties” shall include, but not be limited to, the following: “carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise”.
- Company as agent.
The Company acts as the “agent” of the Customer for the purpose of performing duties in connection with the shipping of argo and freight; the securing of export licenses if agreed upon in writing between the Company and the Custoner; the filing of export and security documentation on behalf of the Customer; and other dealings with U.S. federal government departments and agencies. As to all other services, the Company acts as an independent contractor.
- Limitation of Actions.
- Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss must be made in writing and received by the Company within ninety (90) days of the event giving rise to claim; the failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer.
- All suits against the Company must be filed and properly served on the Company as follows:
- For claims arising out of ocean transportation, within one (1) year from the date of the loss;
- For claims arising out of air transportation, within two (2) years from the date of the loss;
- For any and all other claims of any other type, within six (6) months from the date of the loss or damage.
- No Liability for the Selection or Services of Third Parties and/or Routes.
Unless services are performed by persons or firms engaged pursuant to express-written instructions from the Customer, the Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company 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 services nor does the Company assume responsibility or liability for any actions and/or inactions of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.
- Quotations Not Binding.
Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company agrees in writing to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.
- Reliance On Information Furnished.
- Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with U.S. Customs and Border Protection (“CBP” or “Customs”), the U.S. Census Bureau, the U.S. Department of Commerce, other U.S. federal government departments and agencies and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on the Customer’s behalf;
- In preparing and submitting export declarations, applications, import and export security filings, documentation and/or other required data, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by the Customer; and the Customer shall use reasonable care to insure the correctness of all such information and shall 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 information or any incorrect, incomplete or false statement by the Customer or its agent representative or contractor upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import or export cargo and/or freight.
- Declaring Higher Value To Third Parties.
Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at the Company’s discretion, the cargo or freight may be tendered to the third party, subject to the terms of the third party’s limitations of liability and/or terms and conditions of service.
Unless requested to do so in writing and confirmed to the Customer in writing, the Company is under no obligation to procure insurance on the Customer’s behalf; in all cases the Customer shall pay all premiums and costs in connection with procuring requested insurance.
- Disclaimers; Limitation of Liability.
- Except as specifically set forth herein, the Company makes no express or implied warranties in connection with its services;
- In connection with all services performed by the Company, the Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transactions.
- In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following: $50.00 (fifty USD) per shipment or transaction.
- In no event shall the Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of third parties.
- Advancing Money.
All charges must be paid by the Customer in advance unless the Company agrees in writing to extend 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.
- Indemnification/Hold Harmless.
The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability, fines, penalties and/or attorneys’ fees arising from the importation or exportation of the Customer’s cargo or freight or merchandise and/or any conduct of the Customer or its agents or representatives, including but not limited to the inaccuracy of import or export or security data supplied by the Customer or its agent or representative, which violates any U.S. federal, state and/or other law or regulation; the Customer further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorneys’ fees, which the Company may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with Company.
- O.D. or Cash Collect Shipments
The Company shall use reasonable care regarding written instructions relating to “Cash/Collect on Deliver (C.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refuses to pay for the shipment.
- Costs of Collection
In any dispute involving monies owed to the Company, the Company shall be entitled to all costs of collection, including reasonable attorneys’ fees and interest at the Prime Rate plus three percent (3%) per annum or the highest rate allowed by law, whichever is less unless a lower amount is agreed to by the Company.
- General Lien and Right to Sell Customer’s Property
- The Company shall have a general and continuing lien on any and all property of the Customer coming into the Company’s actual or constructive possession or control for monies owed to the Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both;
- The Company shall provide written notice to the Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage and other charges; the Customer shall notify all parties having an interest in its shipment(s) of the Company’s rights and/or the exercise of such lien.
- Unless, within thirty (30) days of receiving a notice of lien, the Customer posts cash or letter of credit at 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 the Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, the Company shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to the Customer.
- No Duty to Maintain Records for Customer
The Customer acknowledges that it has the duty and is solely liable for maintaining all records required under the Customs Regulations, the Export Administration Regulations, the Foreign Trade Regulations, 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 required to maintain by United States statute or regulation, but not act as a “record keeper” or “recordkeeping agent” for the Customer.
- Obtaining Export or Import Determinations, Rulings, etc.
Unless requested by the Customer in writing and agreed to by the Company in writing, the Company shall be under no obligation to undertake any action related to obtaining or undertaking any import or export commodity jurisdiction determination, Schedule B or Harmonized Tariff Schedule of the United States commodity number determination, or import permit or export license determination.
- Preparation and Issuance of Bills of Lading
Where the Company prepares and/or issues a bill of lading, the Company shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc. unless specifically requested to do so in writing by the Customer or its agent and the Customer agrees to pay for same, the Company shall rely upon and use the cargo and/or freight weights supplied by the Customer.
- No Modification or Amendment Unless Written
These terms and conditions of service may only be modified, altered or amended in writing signed by both the Customer and the Company; any attempt to unilaterally modify, alter or amend same shall be null and void.
- 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 of action against the Customer for monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including reasonable attorneys’ fees.
In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect. The Company’s decision to waive any provision herein, either by conduct or otherwise, shall not be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision herein.
- Governing Law; Consent to Jurisdiction and Venue
These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of New Jersey without giving consideration to principals of conflict of law.
The Customer and the Company declare that they:
- Irrevocably consent to the jurisdiction of the United States District Court for the District of New Jersey and/or the State courts of New Jersey for Hudson County New Jersey;
- Agree that any action relating to the services performed by the Company, shall only be brought in said courts;
- Consent to the exercise of in personam jurisdiction by said courts over it, and
- Further agree that any action to enforce a judgement may be instituted in any jurisdiction.