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Terms & Conditions

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

1. Definitions

a. "Company" shall mean Liberty International, Inc., its subsidiaries, related companies, agents and/or representatives

b. "Customer" shall mean the person for which the Company is rendering service, as well as its 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 copy(s) of these terms and conditions of service to all such agents or representatives;

c. " Documentation" shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;

d. "Ocean Transportation Intermediaries" ("OTI") shall include an "ocean freight forwarder "and a "non-vessel operating carrier";

e. "Third parties" shall include, but not be limited to, the following: "carriers, truckmen, cartmen, lightermen, forwarders, OTI's, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise".

2. Company as Agent. The Company acts as the "agent" of the Customer for the purpose of performing duties in connection with the entry and release of goods, post entry services, the securing of export licenses, the filing of export and security documentation on behalf of the Customer and other dealings with Government Agencies: as to all other services, Company acts as an independent contractor.

3. Limitation of Actions

a. 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 the claim; the failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer.

b. All suits against Company must be filed and properly served on Company as follows:

i. For claims arising out of ocean transportation, within one (1) year from the date of the loss;

ii. For claims arising out of air transportation, within two (2) years of the date of the loss;

iii. For claims arising out of the preparation and/or submission of an import entry(s), within seventy-five (75) days from the date of the liquidation of the entry(s);

iv. For any and all other claims of any other type, within two (2) years from the date of the loss or damage.

4. 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, 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 Company assume responsibility or liability for any action (s) and/or inaction(s) 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.

5. 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 in writing agrees 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.

6. Reliance on Information furnished.

a. Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with U.S. Customs & Border Protection, other Government Agency 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 Customers behalf;

b. In preparing and submitting customs entries, export declarations, applications, 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 Customer; 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 Customers' 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, export or enter the goods.

7. Declaring a 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 Company's discretion, the goods may be rendered to the third party, subject to the terms of the third party's limitations of liability and/or terms and conditions of service.

8. Insurance . Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer's behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.

9. Disclaimers, Limitation of Liability

a. Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;

b. In connection with all services performed by the Company, 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 transaction.

c. In the absence of additional coverage under (b) above, the Company's liability shall be limited to the following;

i. where the claim arises from activities other than those relating to customs brokerage, $50.00 per shipment or transaction, or

ii. where the claim arises from activities relating to "Customs Business", $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less;

d. In no event shall 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.

10. Advancing Money. All charges must be paid by 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.

11. Indemnification/Hold Harmless . The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability, fines, penalties and/or attorney's fees arising from the importation or exportation of Customers merchandise and/or conduct of the Customer, including but not limited to the inaccuracy of entry, export or security data supplied by Customer or its agent or representative, 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, claims, penalties, fines and/or expenses, including but not limited to reasonable attorney's 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 the Company.

12. C.O.D. or Cash Collect shipments. 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 have no liability if the bank or consignee refuses to pay for the shipment.

13. Costs of Collection. In any dispute involving monies owed to Company, the Company shall be entitled to all costs of collection, including reasonable attorney's fees and interest at 15% per annum or the highest rate allowed by law, whichever is less unless a lower amount is agreed to by the Company.

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 into Company's actual or constructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both;

b. Company shall provide written notice to Customer of its intent to exercise such lien, 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) of Company's rights and/or the exercise of such lien.

c. Unless, within thirty days of receiving notice of lien, 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 Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s) at a public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.

15. No Duty to Maintain Records for Customer. Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19USC & 1508 and 1509) it has the duty and is solely liable for maintaining all records required under the Customs 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 Statue(s) and/or Regulation(s), but not act as a "recordkeeper" or "recordkeeping agent" for Customer.

16. Obtaining Binding Rulings, Filing Protests, Etc . Unless requested by Customer in writing and agreed to by Company in writing, Company shall be under no obligation to undertake any pre- or post Customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.

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 specify thereon the number of pieces, packages, and/or cartons, etc.; unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for same, Company shall rely upon and use the cargo weight supplied by Customer.

18. No Modification or Amendment unless Written. These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.

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 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

20. Severability. 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. 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 Rhode Island without giving consideration to principals of conflict of law

Customer and Company

(a.) irrevocably consent to the jurisdiction of the United States District Court and the State courts of Rhode Island;

(b.) agree that any action relating to the services performed by Company, shall only be brought in said courts;

(c.) consent to the exercise of in personam jurisdiction by said courts over it, and

(d.) further agree that any action to enforce a judgment may be instituted in any jurisdiction.

Pricing & Quotations

Terms & Conditions

All pricing quotations are proprietary and confidential and should be shared only with the party that requested the information. Quotations are subject to change without notice at carrier notification. Fuel, security and other surcharges are billed at cost and are subject to change based on the carrier's tariff at time of shipment. Any charges quoted in foreign currency shall be based on the rate of exchange on the date of export of the cargo. All spot quotes are valid through the last day of the month in which they were quoted. Any documentation or data supplied by Liberty to the Buyer and marked "Proprietary & Confidential" are proprietary and confidential to Liberty. Liberty retains for itself all proprietary rights to all data and pricing pertaining to any Service sold. Buyer agrees to use its best efforts to maintain the confidentiality of any proprietary documentation, data, or price quotes (whether marked "Proprietary & Confidential" or not) supplied to it and not to disclose or use such documentation, data or price quotes in any manner inconsistent with the purpose for which it was disclosed. Transit times are based on published carrier schedules and are listed for your reference. Transit times are subject to change without notice based on changes to carrier rotations, mechanical delays, weather delays, congestion and other events beyond our control. All pricing is subject to Liberty International terms & conditions as stated on our web site at www.libertyint.com. Payments for services rendered are to be made by check payable to Liberty International. Credit card payment options are available and must be requested prior to shipment departure or at time of pricing request to ensure that all processing fees are included in our pricing. Failure to advise us of credit card payment terms may result in adjustments to our quotation and billing.

Liberty International

Policies and Client Recommendations

Privacy Policy

The Liberty International companies take your privacy very seriously. We share a commitment to protect your privacy and the confidentiality of your information. As providers of services that involve compiling sensitive information, protecting the confidentiality of that information has always been a top priority for us. The information we collect and the extent to which we use it will vary depending on the product or service involved. This privacy statement explains the terms and conditions associated with the collection and use of data and documentation, and how you can correct or change it.

Our privacy policy is founded on basic principles of trust, ethics and integrity which are the hallmark of our mission statement.

The information you provide will be used to fulfill your requests for information, to send you information that we feel might be of interest to you and to service your international transactions in the normal course of business. We will also use your feedback to improve the content and structure of our Web site and services. This information will not be rented or sold to any other organizations.

We collect only the information necessary to consistently deliver responsive products and services and as various state, federal and international law dictates in the handling of your logistics transactions.

We maintain physical, electronic and procedural safeguards to ensure information security. Our staff is required to respect the confidentiality of all customer information.

We limit how, and with whom, we share customer information. First and foremost, we do not sell lists of our customers. We may be required by law or regulation to disclose information to third parties - for example, in response to a subpoena, to prevent fraud, and to comply with rule of, or inquiries from, industry regulators.

We may occasionally communicate with you via e-mail with information on new products and services. If you do not want to receive e-mail from us in the future, please let us know by sending an e-mail to dconboy@libertyint.com and place "Stop Email" in the subject line or by calling us at 401-727-1776 ext. 163 or by writing to us at 470 Main Street, Pawtucket, RI 02860 Attn: Danielle Conboy.

Marine Insurance and Cargo Claims

All of our clients are strongly encouraged to secure their own marine insurance policy to cover all air and ocean cargo for which they have an ownership interest during transport. Airlines, steamship lines and trucking companies have very limited liability in the event of cargo loss or damage and will not accept claims for transport delays. An importer's only recourse, outside of these limits, is through their own cargo insurance policy. If you are not currently insuring your shipments, please contact your Liberty representative for a referral or a quotation.

Please note that your Customs import bond does not cover your company against cargo loss or damage!

Please note that according to all airline, steamship line and trucker terms and conditions, claims against cargo loss or damage, regardless of liability and/or insurance coverage, will not be processed by the carrier until full payment is made for transport services. In these cases your Liberty or International Delivery Service invoice, therefore, must be paid in full before the formal claim is made.

Strict time limits apply to the filing of preliminary and formal claims for all modes of transport. Please contact your Liberty representative for details regarding those timelines and notify us immediately of any loss or damage related to your cargo.

Invoicing & Credit Memo Processing

Should it become necessary for Liberty to issue a credit memo against a particular shipment, it will be mailed to your company along with a clear explanation of the reason for the credit (to be noted in the remarks section of our invoice). Our financial services group will track all credit memos to be sure they are properly deducted or applied and will periodically notify you of any unused credits. International transactions are complicated and offer unique challenges in the billing process. We are implementing process changes to help eliminate additional bills and credits whenever possible. We also ask that your accounts payable staff confirm credits have not been previously deducted before including them in a future payment. Please take the time to update us whenever your billing contact or accounts payable contact information changes to insure proper communication.

Payment Terms & Conditions

Unless credit terms have been offered by Liberty to your company in writing, our invoices are payable upon receipt (as noted thereon). It is very important that any questions or discrepancies are communicated to your Liberty representative immediately upon receipt of our invoice and that you carefully review the Customs entry copy provided in our invoicing backup. Any changes to your Customs entry must be made within 10 business days of cargo clearance so we must receive notification of changes no more than 8 business days after clearance date. After the 10 day window has passed, the entry must be "protested" through a lengthy, fixed, Customs defined process if corrections are required. As you know, duties are due and payable to Customs 10 business days after release of your shipment. Should payment not be made, Customs issues liquidated damages/fines against the importer of record. You, as the importer of record, have the obligation to insure your Customs entries are correct and duty payment is made in a timely fashion. CBP requires us to advise you of the following on a yearly basis:

"If you are the importer of record, payment to the broker will not relieve you of liability for Customs charges (duties, taxes, or other debts owed Customs) in the event the charges are not paid by the broker. Therefore, if you pay by check, Customs charges may be paid with a separate check payable to "Bureau of Customs & Border Protection" which will be delivered to Customs by the broker. "

Duty payments may also be made by the importer via ACH (electronic funds transfer) or PMS (Periodic Monthly Statement - monthly settlement of duties with CBP). Please contact your Liberty representative for additional information regarding these programs.

Customs Bonds

Please be aware that if a valid continuous bond is not on file for the importer at time of entry, Liberty will prepare a single transaction bond in order to secure a timely Customs clearance. We will invoice you for single entry bond charges according to our current bond charge schedule. As these funds must be surrendered to the bonding company in a timely manner, payment on these transactions must be made within ten days of our invoice.

  

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