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All freight forwarding/shipping services provided by Speedy Logistic Services, LLC (hereinafter “Speedy Logistics Services”) to the “Customer”, whether the Customer is a manufacturer, distributor, exporter, importer, sender, consignor, consignee, transferor, or transferee of the shipment, will be subject to the terms and conditions set forth herein.
1. Third-Party Services.
Unless Speedy Logistic Services, LLC carries, stores, or otherwise physically handles the shipment, and loss, damage, expense or delay occurs during such activity, Speedy Logistic Services, LLC 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 provided 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 Speedy Logistic Services, LLC carries, stores, or otherwise physically handles the shipment, it does so subject to the limitations of paragraph 8 below unless a separate bill of lading, air waybill, or other contracts of carriage is issued by Speedy Logistic Services, LLC, in which events the terms thereof shall govern.
2. Liability For Acts or Omissions of Third Parties.
Speedy Logistic Services, LLC is authorized to select and engage carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen, and others, as required, to transport, store, deal with and deliver the goods, all of whom shall be considered the agents of the Customer, and the goods may be entrusted to such agencies subject to all conditions as to limitations of liability for loss, damage, expense or delay and to all rules, regulations, requirements, and conditions, whether printed, written or stamped, appearing in bills of lading, receipts or tariffs issued by such carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen, and others. Speedy Logistic Services, LLC 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 the custody, possession, or control of third parties selected by Speedy Logistic Services, LLC to forward, enter, 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, Speedy Logistic Services, LLC has complete freedom in choosing the means, route and procedure to be followed in the handling, transportation, and delivery of the goods. Advice by Speedy Logistic Services, LLC to the Customer that a particular person or firm has been selected to render services with respect to the goods shall not be construed to mean that Speedy Logistic Services, LLC warrants or represents that such person or firm will render such service. All terms of delivery shall be based upon INCOTERMS® 2010 unless otherwise specifically noted or implied through the use of a term not defined in INCOTERMS® 2010.
4. Quotations Not Binding.
Quotations as to fees, rates of duty, freight charges, insurance premiums, or other charges given by Speedy Logistic Services, LLC to the Customer are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon Speedy Logistic Services, LLC 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 the goods for EU. Customs, the Customer shall furnish Speedy Logistic Services, LLC invoices in proper form and other documents necessary or useful in the preparation of the EU. 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 EU. 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 EU. Customs entry or compliance with EU. laws or regulations, or if the information or documents furnished are inaccurate or incomplete, Speedy Logistic Services, LLC 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 circumstances to which such inaccurate, incomplete or omitted information or document pertains. Where a bond is required by the EU. 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 Speedy Logistic Services, LLC as principal, is being understood that Speedy Logistic Services, LLC entered into such undertaking at the instance and on behalf of the Customer, and the Customer shall indemnify and hold Speedy Logistic Services 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 Speedy Logistic Services, LLC 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 EU. and the country of destination of the goods. (c) On an export or import, Speedy Logistic Services, LLC 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 Speedy Logistic Services, in which event its liability to the Customer shall be governed by the provisions of paragraphs 8-10 below. The Customer shall be bound by and warrant the accuracy of all invoices, documents, and information furnished to Speedy Logistic Services by the Customer or its agents for export, entry, or other purposes and the Customer agrees to indemnify and hold harmless Speedy Logistic Services, LLC against any increased duty, penalty, fine or expense including attorney's fees, resulting from any inaccuracy, incomplete statement, omission or any failure to make a 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 trucker, etc. Speedy Logistic Services, LLC must receive specific written instructions from the Customer to pay a much higher charge based on valuation, and the truckers, etc, must accept such higher declared value; otherwise, the valuation placed 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 limit of liability set forth herein in paragraphs 8-9 below with respect to any claim against Speedy Logistic Services, LLC and subject to the provisions of paragraph 2 above.
8. Limitation of Liability for Loss, etc.
(a) The Customer agrees that Speedy Logistic Services, LLC shall only be liable for any loss, damage expense, or delay to the goods resulting from the negligence or other faults of Speedy Logistic Services, LLC; such liability shall be limited to an amount equal to the lesser of fifty ($50) dollars per entry or shipment or the fee(s) charged for the services, provided that, in the case of a partial loss, such amount will be adjusted pro-rata;
(b) Where Speedy Logistic Services, LLC issues its own bill of lading and receives freight charges as its compensation, the Customer has the option of paying a special compensation and increasing the limit of Speedy Logistic Service’s liability up to the shipment’s actual value; however, such option must be exercised by a written agreement, entered into prior to any covered transaction(s), setting forth the limit of Speedy Logistic Service’s liability and the compensation received;
(c) In instances other than in (b) above, unless the Customer makes specific written arrangements with Speedy Logistic Services to pay special compensation and declare a higher value and Speedy Logistic Services, LLC agrees in writing, liability is limited to the amount set forth in (a) above; (d) Customer agrees that Speedy Logistic Services, LLC 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.
Speedy Logistic Services, LLC shall not be liable under paragraph 8, or otherwise, for any claims not presented to it in writing within ninety (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 Speedy Logistic Services, LLC 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.
Speedy Logistic Services, LLC shall not be obligated to incur any expense, guarantee any 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 Speedy Logistic Services, LLC by the Customer on demand.
Speedy Logistic Services, LLC shall be under no obligation to advance freight charges, customs duties, or taxes on any shipment, nor shall any advance by Speedy Logistic Services, LLC, LLC be construed as a waiver of the provisions hereof.
11. Indemnification for Freight & Duties.
In the event that a carrier, another person, or any governmental agency makes a claim or institutes legal action against Speedy Logistic Services, LLC 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 Speedy Logistic Services, LLC for any amount Speedy Logistic Services may be required to pay the such carrier, other person or governmental agency together with reasonable expenses, including attorney fees, incurred by Speedy Logistic Services 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 Speedy Logistic Services, LLC 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 instructions to “Collect on Delivery” (C.O.D.) by drafts or otherwise, or collect to collect on any specified terms by time drafts or otherwise, are accepted by Speedy Logistic Services, LLC 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 an item for collection, and Speedy Logistic Services, LLC 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 loss during transmission, or while in the course of collection.
13. General Lien on Any Property.
Speedy Logistic Services, LLC shall have a general lien on any and all property (and documents relating thereto) to the Customer, in its possession, custody, or control or en route, for all claims for charges, expenses, or advances incurred by Speedy Logistic Services, LLC in connection with any shipments of the Customer and if any claim remains unsatisfied for thirty (30) days after the demand for its payment is made, Speedy Logistic Services may sell at public auction or private sale, upon ten (10) days written notice registered mail (R.R.R.) to the Customer, the goods, wares and/or merchandise, or so much thereof as may be necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of the amount due Speedy Logistic Services, LLC. 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 Speedy Logistic Services, LLC.
The compensation of Speedy Logistic Services, LLC for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by Speedy Logistic Services to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends or other revenue received by Speedy Logistic Services, LLC from carriers, insurers and others in connection with the shipment.
On ocean exports, upon request, Speedy Logistic Services, LLC 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 to Speedy Logistic Services, LLC, the Customer shall pay the expenses of collection and/or litigation, including Speedy Logistic Service’s reasonable attorneys’ fees.
15. No Responsibility for Governmental Requirements.
What is the responsibility of the Customer to know and complies with the marking requirements of the EU. Customs Service, the regulations of the EU. Food and Drug Administration, and all other requirements, including regulations of Federal, state, and/or local agencies pertaining to the merchandise.
Speedy Logistic Services, LLC 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 Speedy Logistic Services, LLC 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 Speedy Logistic Services, LLC is harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to attorney’s fees, which SSpeedy Logistic Services, LLC 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 Speedy Logistic Services, LLC by any government agency or private party, Speedy Logistic Services, LLC shall give notice in writing to the Customer by mail at its address on file with Speedy Logistics Services, LLC.
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 Speedy Logistic Services, LLC.
17. Loss, Damage, or Expense Due To Delay.
Unless the service to be performed by Speedy Logistic Services, LLC on behalf of the Customer is delayed by reason of negligence or other faults of Speedy Logistic Services, Speedy Logistic Services, LLC shall not be responsible for any loss, damage, or expense incurred by the Customer because of such delay.
In the event Speedy Logistic Services, LLC is at fault, as aforesaid, its liability is limited in accordance with the provisions of paragraphs 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 Alabama, USA. Unless otherwise consented to in writing by Speedy Logistic Services, LLC, no legal proceeding against Speedy Logistic Services, LLC may be instituted by the Customer, or subrogee except in the State of Alabama, USA.
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