All Services
and Transactions are subject to our "Terms and Conditions of Service". Our liability is limited to the extent provided by law,
our bills of lading, if issued, or $50.00, which ever is less.
TERMS
AND CONDITIONS OF SERVICE
(Please read
carefully)
All
shipments to or from the Customer, which term shall include the exporter,
importer, sender, receiver, owner, consignor, consignee, transferor or
transferee of the shipments, will be handled by Great World (herein
called the "Company") on the following terms and conditions:
1.
Services by Third Parties Unless the Company carries. stores or otherwise
physically handles the shipment, and loss, damage, expense or delay occurs
during such activity, 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 to be forwarded or imported except as provision in paragraph
8 and subject to the limitations of paragraph 9 below, but undertakes
only to use reasonable care in the selection of carriers, truckmen, lightermen,
forwarders, customs brokers, agents, warehousemen and others to whom it
may entrust the goods for transportation, cartage, handling and/or delivery
and/or storage or otherwise. When the company carries, stores or otherwise
physically handles the shipment, it does so subject to the limitation
of liability set forth in paragraph 8 below unless a separate bill of
lading, air waybill or other contract of carriage is issued by the Company,
in which event the terms thereof shall govern.
2. Liability Limitations of Third Parties. The Company is authorized to
select and engage carriers, truckmen, lightermen, forwarders, custom brokers,
agents, warehousemen and others, as required, to transport, store, deal
with and deliver the goods all of whom shall be considered as 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 or stamped, appearing on bills of lading, receipts or
tariffs issued by such carriers, truckmen, lightermen, forwarders, custom
brokers, agents, warehousemen and others. The Company shall under no circumstances
be liable for any loss, damage, expense or delay to the 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.
Choosing Routes or Agents. Unless express instructions in writing are
received from the Customer, the Company has complete freedom in choosing
the means, route and procedure to be followed in the handling, transportation
and delivery of the goods. Advice by the Company to the Customer that
a particular person of 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.
4.
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 and shall not under any circumstances be binding on the
Company unless the Company in writing specifically undertakes the handling
or transportation of the shipment at a specific rate.
5.
Duty to Furnish Information. (a) On an import at a reasonable time prior
to entering of the goods for US. Customs, the Customer shall furnish to
the Company invoices in proper form and other documents necessary or useful
in the preparation of the US. Customs entry and, also, such further information
as may be sufficient to establish, inter alia, the dutiable value, the
classification, the country of origin, the genuineness of the merchandise
and any mark or symbol associated with it, the Customer s right to import
and/or distribute the merchandise, and the merchandise's admissibility,
pursuant to US. 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 US. Customs entry or comply with US. Laws or regulations,
or if the information or documents furnished are inaccurate or incomplete,
the Company shall be obligated only to use it s best judgment in connection
with the shipment and in no instance shall be charged with knowledge by
the Customer of the true circumstances to which such inaccurate, incomplete,
or omitted information or documents pertains Where a bond is required
by US. 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, it 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 US. 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 unless caused by the negligence or other fault of the Company,
in which event it s liability to the Customer shall be governed by the
provisions o' paragraph 8-9 below The Customer shall be bound by and warrant
the accuracy of all invoices, documents and information furnished to the
Company by the Customer or it's 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 attorneys 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.
6.
Declaring Higher Valuation. Inasmuch as truckers, carriers, warehousemen
and others to whom the goods are entrusted usually limit their liability
for loss or damage unless a higher value is declared and a charge based
on such higher value is agreed to by said truckers, etc., the Company
must receive specific written instructions from the Customer to pay such
higher charge based on valuation and the trucker, etc. must accept such
higher declared value; otherwise the valuation declared by the Customer
on the goods shall be considered solely for export or customs purposes
and the goods will be delivered to the truckers, etc. subject to the limitation
of liability set forth herein in paragraphs 8-s below with respect to
any claim against the Company and subject to the provisions of paragraph
2 above.
7.
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 Company 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
or warrant that such insurance can or will be placed. Unless the Customer
has it's own marine policy and instructs the Company to effect insurance
under such policy, insurance is to be effected with one or more insurance
companies or other underwriters to be selected by the Company Any insurance
placed shall be governed by the certificate 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 or 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 shall be at the Customer s expense
If for 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 the Customer. Unless specifically agreed in writing,
the Company assumes no responsibility to effect insurance on any export
or import shipment which it does not handle.
8.
Limitation of Liability for Loss, etc. (a) The Customer agrees that the
Company shall only be liable for any loss, damage, expense or delay to
the goods resulting from the negligence or other fault of the Company;
such liability shall be limited to an amount equal to the lesser or fifty
dollars ($50.00) per entry or shipment or the fee(s) charged for services,
provided that, in the case of partial loss, such amount will be adjusted,
pro rata; (b) Where the Company issues its own bill of lading and receives
freight charges as its compensation, Customer has the option of paying
a special compensation and increasing the limit of the Company's liability
up to the shipments actual value; however such option must be exercised
by written agreement, entered into prior to any covered transaction(s),
setting forth the limit of the Company's liability and the compensation
received: (c) In instances other than in (b) above, 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 set {forth in (a) above: (d) 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.
Presenting claims. Company shall not be liable under paragraph 8 for any
claims not presented to it in writing within 90 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
instituted 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.
10.
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 be under no 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.
11.
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 requested to pay such carrier,
other person or governmental agency together with reasonable expenses,
including attorneys' fees, incurred by the Company in connection with
defending such claim or legal action and obtaining reimbursement from
the Customer. The confiscation or detention of the goods by any governmental
authority shall not effect or diminish the liability of the Customer to
the Company to pay all charges or other money due promptly on demand.
12.
C.O.D. Shipments. Goods received with Customer's or other person s instruction
to Collect on Delivery" (C.O.D.) by drafts or otherwise, or to collect
on any specified terms by time drafts or otherwise, are accepted by the
Company only upon the express understanding that it will exercise reasonable
care in the selection of a bank, correspondent, carrier or agent to whom
it will send such item for collection, and the Company will not be responsible
for any act, omission, default, suspension, insolvency or want of care,
negligence, or fault of such bank, correspondent, carrier or agent, nor
for any delay in remittance lost in exchange, or during transmission,
or while in the course of collection.
13.
General Lien on Any Property The Company shall have a general lien on
any and all property (and documents relating thereto) of the Customer,
in its possession, custody or control or en route, for all claims for
charges, expenses or advances incurred by the Company in connection with
any shipments of the Customer and if such claim remains unsatisfied for
thirty (30) days after demand {or its payment is made, the Company may
sell at public auction or private sale, upon ten 60)days written notice,
registered mail (R.R.), to the Customer, the goods, wares, and/or merchandise,
or so much thereof as maybe necessary to satisfy such lien, and apply
the net proceeds of such sales to the payment of the amount due to the
Company Any surplus from such sale shall be transmitted to the Customer,
and the Customer shall be liable for any deficiency In the sale.
14.
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 due the Company, upon recovery by the Company, the
Customer shall pay the expenses of collection and/or litigation, including
a reasonable attorney fee, and interest at 15% per annum or the
highest rate allowed by law, whichever is less, unless a lower amount is agreed to by Company.
15.
No Responsibility for Governmental Requirements. It is the responsibility
of the Customer to know and 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.
16.
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 limited to attorneys 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.
17.
Loss, Damage or expense Due to Delay. Unless the services to be performed
by the Company on behalf of the Customer are delayed by any reason of
the negligence or other fault of the Company, the Company shall not be
responsible for any loss, damage or expense incurred by the Customer because
of such delay. In the event the Company is at fault, as aforesaid, its
liability is limited in accordance with the provisions of paragraph 8-9
above.
18.
Construction of Terms and Venue The foregoing terms and conditions shall
be construed according to the laws of the State of California. Unless
otherwise consented to in writing by the Company, no legal proceeding
against the Company may be instituted by the Customer, its assigns, or
subrogee except in the City of San Francisco.
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