TERMS AND CONDITIONS OF SERVICE
These terms and conditions constitute a legally binding contract between CFL ART SERVICES, INC. (herein the "Company," “Us” or “We”) and "Customer" and are deemed a part of all pick-up and/or delivery documents used by Us in connection with performance of all services for a Customer. If We issues a document containing Terms and Conditions governing our services, those Terms and Conditions shall be in addition to and not in lieu of those set forth herein; as to any conflict between the two then, the Terms and Conditions in such other documents shall govern.
1. Definitions: As used herein, the following terms shall have the following meaning:
(a) "Customer" means the person for which the Company is rendering service, as well as Customer’s agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, consignees, etc. It is Customer’s responsibility to provide notice and copy(s) of these terms and conditions of service to all of its agents and representatives;
(b) "Documentation" shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;
(c) “Goods” mean any and all art, antiques, furniture or other property owned by or lawfully in the possession of Customer who has the legal right to engage, and has engaged, Us to render any services;
(d) “United States Customs and Border Protection” (or “Customs”) shall mean an agency of the United States of America;
(e) “Entry” refers to the process of having goods originating in a country other than the United States, enter the United States by means of private or common carrier, and includes compliance with all documentary and procedural requirements of Customs and other Governmental Agencies having jurisdiction over movement of the Goods in and out of the United States;
2. Company As Agent. We only acts as Customer’s "agent" 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 documentation on behalf of Customer and other dealings with Customs and Government Agencies. As to all other services, we acts as an independent contractor and not as Customer’s agent.
3. Limitation of Actions.
(a) Unless subject to a specific statute or international convention, claims against Us for a potential or actual loss, must be in writing, received by Us within ten (10) days of the event giving rise to claim; the failure of Customer to give Us timely notice is complete defense to any suit or action commenced by Customer or anyone claiming any rights through Customer, including Customer’s insurance carrier.
(b) It is the sole responsibility of Customer and/or Customer’s agents to properly inspect Goods shipped, handled or delivered by Us immediately upon delivery to Customer or Customer’s agent. If any damage is found upon such inspection, details of the damage must be noted in writing on the Company’s delivery documentation at the time of delivery. Failure to fully describe such damage on such documentation is equivalent to a binding acknowledgement that all Goods were delivered in good and satisfactory condition, free of any damage. Subsequent claim of damage must be predicated upon the written notation thereof on the Company’s delivery documentation. The absence of such notation of damage shall be conclusive evidence that all Goods were delivered in good and satisfactory order and condition, free of any damage.
(c) With respect to Customer’s Goods delivered to Us or which We pick-up at direction of Customer, unless directed otherwise by Customer, or the condition of the packing indicates the likelihood that the Goods may be damaged, We will not unpack such goods and will receive such goods as “unchecked” for delivery or export in the packing or crate in which they were received. If instructs to repack the goods for delivery or export, in such case, We shall unpack and inspect the goods upon receipt or upon pick-up by our staff and any damage found will be duly noted at that time. We shall have no liability for any damage to Goods received by Us as “unchecked” or for damage noted by Us at the time of delivery or pick-up.
(d) All suits against Company must be filed and properly served on Us as follows:
(i) For claims arising out of ocean transportation, within one (1) year from the date of the loss;
(ii) For those claims arising from air transportation, within two (2) years from 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 liquidation of the entry(s);
(iv) For all other claims of any other type, within one (1) 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 firms engaged pursuant to Customer’s express written instructions, We shall use reasonable care in its selection of third parties and procedure to be followed in the handling, transportation, clearance and delivery of the Goods. We do not warrant or represent that such firm will in fact render such services, nor do We assume responsibility or liability for any action(s) of such third parties. We are not liable for any delay or loss of any kind, which occurs while a shipment is in the control of a third party. All claims in connection with the acts of a third party shall be solely against such party and not the Company.
5. Quotations Not Binding. Verbal quotations as to fees, duties, freight charges, insurance or other charges from Us to Customer are for informational purposes only, are not binding and subject to change without notice unless set forth in writing by Us and the rate in the written quotation are agreed to between us.
6. Duty to Furnish Information.
(a) Import Transactions: At a reasonable time prior to the entry of Goods into the U.S., Customer shall furnish Us proper invoices and other documents necessary for U.S. Customs entry with such further information as is sufficient to establish the dutiable value, classification, country of origin, genuineness of the merchandise and any mark or symbol associated with it, Customer’s right to import and/or distribute the merchandise, and its admissibility, under U.S. laws or regulations. If the Customer fails to furnish such information in a timely manner, as may be required to complete the U.S. Customs entry or comply with U.S. laws or regulations, or if the information furnished is inaccurate or incomplete, We shall be obligated only to use our best judgment in connection with the shipment and in no instance shall We be charged with knowledge by Customer of the true circumstances to which such inaccurate, incomplete, or omitted information or document pertains. If a bond is required by Customs, Customer shall be bound by the terms of the bond notwithstanding that the bond was executed by Us as principal, and Customer shall indemnify and hold Us harmless for the consequences of any breach of the terms of the bond.
(b) Export Transactions: At a reasonable time prior to the exportation of the Goods, Customer shall furnish commercial invoices in proper form and number, consular declarations, exact weights, measures, values and other information as may be required by the laws and regulations of the U.S. and of the country of destination of the Goods. If Customer fails to timely furnish such information as is required to complete the export and/or entry requirements, or if the information furnished is inaccurate or incomplete,
We shall have no obligation for any damages due to delays in shipment of the Goods or the cost of correcting the improper documentation of Customer. In no instance shall We be charged with knowledge by Customer of the true circumstances to which such inaccurate, incomplete, or omitted information or document pertains.
(c) Export or Import Transactions: We shall not be responsible or liable for increased duty, penalty, fines or expense unless caused by our negligence or fault, in which event our liability to Customer shall be governed by the provisions set forth herein. Customer shall be bound by and warrant the accuracy of all invoices, documents and information furnished to Us by Customer or its agent for export, entry or other purposes and agrees to indemnify and hold Us harmless against increased duty, penalty, fine or expense including attorneys’ fees, resulting from any inaccuracy, incomplete statement, omission or failure to make timely presentation, even if not due to Customer’s negligence.
7. Reliance On Information Furnished.
(a) Customer acknowledges it is required to review all documents and declarations prepared and/or filed with the Customs, other Government Agencies and/or third parties, and will immediately advise Us of any errors, discrepancies, incorrect statements, or omissions on any declaration filed on Customers behalf;
(b) In preparing and submitting Customs entries, export declarations, applications, documentation and/or export data to the United States and/or a third party, We rely upon the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall insure the correctness of such information and shall indemnify and hold Us harmless from any and all claims asserted and/or liability or losses suffered by reason of any incorrect or false statement therein.
8. Declaring Higher Value to Third Parties. Third parties to whom the goods are entrusted may limit liability for loss or damage; We will request excess valuation coverage only upon written instructions from Customer, who must agree to pay any charges therefor. Absent written instructions from Customer We shall be under no obligation to request excess valuation coverage. If the third party fails to agree to a higher declared value, at our discretion, absent contrary instructions from Customer, the goods may be tendered to the third party, subject to such party’s limitations of liability.
9. Insurance. Unless requested in writing by Customer and confirmed by Us in advance of the performance of the services, We are not obligated to procure insurance on Customer’s behalf. When insurance is requested by Customer, it shall be Customer’s obligation to pay all premiums and costs in connection therewith prior to performance of the services by Us. Absent the request and premium payment for insurance by Customer, We are under no obligation to provide any such insurance coverage and all rights of recovery for loss or damage are expressly limited to the terms set forth under Paragraph 10 herein.
10. Disclaimers; Limitation of Liability.
(a) Except as specifically set forth herein, We makes no express or implied warranties in connection with the services We have been engaged to provide;
(b) Subject to (d) below, Customer agrees We shall only be liable for the negligent acts of our employees, if they are the direct and proximate cause of any injury to Customer, including loss or damage to the Goods. We shall in no event be liable for the acts of third parties;
(c) In connection with all services We perform, Customer may, as set forth in Paragraph 9 above, obtain additional liability insurance coverage, up to the actual or declared value of the shipment or transaction,
by requesting such coverage as provided herein, and all costs thereof are paid by Customer prior to rendering services for the covered transaction(s);
(d) Absent additional coverage under (c) 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 60 ($0.60) Cents per pound of weight of the lost or damaged article, whichever is greater, unless a different value per article is declared and the Company agrees to such rates in writing prior to performance of the services; 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 entry, whichever is less.
(e) In no event shall We be liable or responsible for consequential, indirect, incidental, statutory or punitive damages even if We has been put on notice of the possibility thereof, except where such damages have been caused by the willful or malicious acts of the Company or any of our employees;
11. Joint Obligation to Pay Charges. Customer, upon tender by Us of the Goods to a carrier, and the consignee, upon acceptance of delivery of the Goods from Us or a the carrier, shall be liable, jointly and severally, for all unpaid charges payable on account of a shipment including, but not limited to, sums advanced or disbursed by the Company or a carrier on account of such shipment. The extension of credit to either shipper or consignee for such unpaid charges shall not thereby discharge the obligation of the other party to pay such charges in the event the party to whom credit has been extended shall fail to pay such charges. It shall be the obligation of Customer to advise the consignee of the provisions of hereof.
12. Right to Store. If for reasons other than the fault of the Company, delivery cannot be made as requested by Customer, or at any changed address of which We have been notified, We, at our option, may cause the Goods to be stored in a warehouse selected by Us, at the cost of the Customer, and subject to a lien for all accrued tariff and other lawful charges.
13. No Responsibility for Governmental Requirements. It is Customer’s responsibility to know and comply with all marking requirements, the regulations of the U.S. Food and Drug Administration, and all other requirements, including Federal, state and/or local agencies pertaining to the merchandise. We shall not be responsible for action taken or fines or penalties assessed by any governmental agency against the shipment because of the failure of Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to Customer by any such agency.
14. Damage to Premises. We shall not be liable for any damages to the premises from which we retrieve the Goods or to which such Goods are delivered by us, unless caused by the gross negligence of the Company or our employees. In the event that such damage is caused by our sole negligence, our liability shall be limited to a maximum of $50.00 in the aggregate for all such damage unless Customer specifically stated in our written contract that We are to arrange Property Damage Insurance. Any damage to premises must be noted in writing and in detail on our collection or delivery documents. Failure to note any damage to premises on our collection or delivery documents at the time of pick-up or delivery shall constitute a waiver of any right or claims to compensation for damage to the premises.
15. Indemnification/Hold Harmless. Customer shall indemnify, defend, and hold Us harmless from any claims and/or liability arising from the importation, exportation or domestic transport of Customer’s Goods and/or Customer’s conduct, 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 and/or expenses, including but not limited to reasonable attorney's fees, which We 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 Us, We shall give notice in writing to Customer by mail at its address on file with Us.
16. Costs of Collection. In any dispute involving monies owed to the Company by Customers, the Company shall be entitled to all costs of collection, including its reasonable attorney's fees and interest at 12% per annum or the highest rate allowed by law, whichever is less, computed from the date on which the services were provided by Us, unless a lower amount is agreed to by the Company.
17. General Lien And Right To Sell Customer's Property.
(a) We shall have a general and continuing lien on any and all property of Customer coming into the Company’s actual or constructive possession or control for monies owed to Us with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both;
(b) We shall provide written notice to Customer of our 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 (30) 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 the Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, We shall have the right, subject to applicable New York law, to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.
18. No Duty To Maintain Customer Records. Customer confirms that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC §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 statute(s) and/or regulation(s), but not act as a "record keeper" or "record keeping agent" for Customer.
19. Preparation and Issuance of Bills of Lading. Where We prepare and/or issue a bill of lading, We 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 and Customer agrees to pay for same, Company shall use the weight and descriptions supplied by Customer.
20. 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 the Company; any attempt to unilaterally modify, alter or amend same shall be null and void.
21. Severability. In the event any Paragraph(s) and/or portion(s) hereof are found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect.
22. 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 York, without giving consideration to principles of conflict of law. Customer and Company (a) irrevocably consent to the jurisdiction of the United States District Court and the State Courts of New York; (b) agree that any action relating to the services performed by Company, shall only be brought in said courts within the City of New York; (c) consent to the exercise of in personam jurisdiction by said courts over them, and (d) further agree that any action to enforce a judgment may be instituted in any jurisdiction.
These terms and conditions constitute a legally binding contract between CFL ART SERVICES, INC. (herein the "Company," “Us” or “We”) and "Customer" and are deemed a part of all pick-up and/or delivery documents used by Us in connection with performance of all services for a Customer. If We issues a document containing Terms and Conditions governing our services, those Terms and Conditions shall be in addition to and not in lieu of those set forth herein; as to any conflict between the two then, the Terms and Conditions in such other documents shall govern.
1. Definitions: As used herein, the following terms shall have the following meaning:
(a) "Customer" means the person for which the Company is rendering service, as well as Customer’s agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, consignees, etc. It is Customer’s responsibility to provide notice and copy(s) of these terms and conditions of service to all of its agents and representatives;
(b) "Documentation" shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;
(c) “Goods” mean any and all art, antiques, furniture or other property owned by or lawfully in the possession of Customer who has the legal right to engage, and has engaged, Us to render any services;
(d) “United States Customs and Border Protection” (or “Customs”) shall mean an agency of the United States of America;
(e) “Entry” refers to the process of having goods originating in a country other than the United States, enter the United States by means of private or common carrier, and includes compliance with all documentary and procedural requirements of Customs and other Governmental Agencies having jurisdiction over movement of the Goods in and out of the United States;
2. Company As Agent. We only acts as Customer’s "agent" 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 documentation on behalf of Customer and other dealings with Customs and Government Agencies. As to all other services, we acts as an independent contractor and not as Customer’s agent.
3. Limitation of Actions.
(a) Unless subject to a specific statute or international convention, claims against Us for a potential or actual loss, must be in writing, received by Us within ten (10) days of the event giving rise to claim; the failure of Customer to give Us timely notice is complete defense to any suit or action commenced by Customer or anyone claiming any rights through Customer, including Customer’s insurance carrier.
(b) It is the sole responsibility of Customer and/or Customer’s agents to properly inspect Goods shipped, handled or delivered by Us immediately upon delivery to Customer or Customer’s agent. If any damage is found upon such inspection, details of the damage must be noted in writing on the Company’s delivery documentation at the time of delivery. Failure to fully describe such damage on such documentation is equivalent to a binding acknowledgement that all Goods were delivered in good and satisfactory condition, free of any damage. Subsequent claim of damage must be predicated upon the written notation thereof on the Company’s delivery documentation. The absence of such notation of damage shall be conclusive evidence that all Goods were delivered in good and satisfactory order and condition, free of any damage.
(c) With respect to Customer’s Goods delivered to Us or which We pick-up at direction of Customer, unless directed otherwise by Customer, or the condition of the packing indicates the likelihood that the Goods may be damaged, We will not unpack such goods and will receive such goods as “unchecked” for delivery or export in the packing or crate in which they were received. If instructs to repack the goods for delivery or export, in such case, We shall unpack and inspect the goods upon receipt or upon pick-up by our staff and any damage found will be duly noted at that time. We shall have no liability for any damage to Goods received by Us as “unchecked” or for damage noted by Us at the time of delivery or pick-up.
(d) All suits against Company must be filed and properly served on Us as follows:
(i) For claims arising out of ocean transportation, within one (1) year from the date of the loss;
(ii) For those claims arising from air transportation, within two (2) years from 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 liquidation of the entry(s);
(iv) For all other claims of any other type, within one (1) 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 firms engaged pursuant to Customer’s express written instructions, We shall use reasonable care in its selection of third parties and procedure to be followed in the handling, transportation, clearance and delivery of the Goods. We do not warrant or represent that such firm will in fact render such services, nor do We assume responsibility or liability for any action(s) of such third parties. We are not liable for any delay or loss of any kind, which occurs while a shipment is in the control of a third party. All claims in connection with the acts of a third party shall be solely against such party and not the Company.
5. Quotations Not Binding. Verbal quotations as to fees, duties, freight charges, insurance or other charges from Us to Customer are for informational purposes only, are not binding and subject to change without notice unless set forth in writing by Us and the rate in the written quotation are agreed to between us.
6. Duty to Furnish Information.
(a) Import Transactions: At a reasonable time prior to the entry of Goods into the U.S., Customer shall furnish Us proper invoices and other documents necessary for U.S. Customs entry with such further information as is sufficient to establish the dutiable value, classification, country of origin, genuineness of the merchandise and any mark or symbol associated with it, Customer’s right to import and/or distribute the merchandise, and its admissibility, under U.S. laws or regulations. If the Customer fails to furnish such information in a timely manner, as may be required to complete the U.S. Customs entry or comply with U.S. laws or regulations, or if the information furnished is inaccurate or incomplete, We shall be obligated only to use our best judgment in connection with the shipment and in no instance shall We be charged with knowledge by Customer of the true circumstances to which such inaccurate, incomplete, or omitted information or document pertains. If a bond is required by Customs, Customer shall be bound by the terms of the bond notwithstanding that the bond was executed by Us as principal, and Customer shall indemnify and hold Us harmless for the consequences of any breach of the terms of the bond.
(b) Export Transactions: At a reasonable time prior to the exportation of the Goods, Customer shall furnish commercial invoices in proper form and number, consular declarations, exact weights, measures, values and other information as may be required by the laws and regulations of the U.S. and of the country of destination of the Goods. If Customer fails to timely furnish such information as is required to complete the export and/or entry requirements, or if the information furnished is inaccurate or incomplete,
We shall have no obligation for any damages due to delays in shipment of the Goods or the cost of correcting the improper documentation of Customer. In no instance shall We be charged with knowledge by Customer of the true circumstances to which such inaccurate, incomplete, or omitted information or document pertains.
(c) Export or Import Transactions: We shall not be responsible or liable for increased duty, penalty, fines or expense unless caused by our negligence or fault, in which event our liability to Customer shall be governed by the provisions set forth herein. Customer shall be bound by and warrant the accuracy of all invoices, documents and information furnished to Us by Customer or its agent for export, entry or other purposes and agrees to indemnify and hold Us harmless against increased duty, penalty, fine or expense including attorneys’ fees, resulting from any inaccuracy, incomplete statement, omission or failure to make timely presentation, even if not due to Customer’s negligence.
7. Reliance On Information Furnished.
(a) Customer acknowledges it is required to review all documents and declarations prepared and/or filed with the Customs, other Government Agencies and/or third parties, and will immediately advise Us of any errors, discrepancies, incorrect statements, or omissions on any declaration filed on Customers behalf;
(b) In preparing and submitting Customs entries, export declarations, applications, documentation and/or export data to the United States and/or a third party, We rely upon the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall insure the correctness of such information and shall indemnify and hold Us harmless from any and all claims asserted and/or liability or losses suffered by reason of any incorrect or false statement therein.
8. Declaring Higher Value to Third Parties. Third parties to whom the goods are entrusted may limit liability for loss or damage; We will request excess valuation coverage only upon written instructions from Customer, who must agree to pay any charges therefor. Absent written instructions from Customer We shall be under no obligation to request excess valuation coverage. If the third party fails to agree to a higher declared value, at our discretion, absent contrary instructions from Customer, the goods may be tendered to the third party, subject to such party’s limitations of liability.
9. Insurance. Unless requested in writing by Customer and confirmed by Us in advance of the performance of the services, We are not obligated to procure insurance on Customer’s behalf. When insurance is requested by Customer, it shall be Customer’s obligation to pay all premiums and costs in connection therewith prior to performance of the services by Us. Absent the request and premium payment for insurance by Customer, We are under no obligation to provide any such insurance coverage and all rights of recovery for loss or damage are expressly limited to the terms set forth under Paragraph 10 herein.
10. Disclaimers; Limitation of Liability.
(a) Except as specifically set forth herein, We makes no express or implied warranties in connection with the services We have been engaged to provide;
(b) Subject to (d) below, Customer agrees We shall only be liable for the negligent acts of our employees, if they are the direct and proximate cause of any injury to Customer, including loss or damage to the Goods. We shall in no event be liable for the acts of third parties;
(c) In connection with all services We perform, Customer may, as set forth in Paragraph 9 above, obtain additional liability insurance coverage, up to the actual or declared value of the shipment or transaction,
by requesting such coverage as provided herein, and all costs thereof are paid by Customer prior to rendering services for the covered transaction(s);
(d) Absent additional coverage under (c) 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 60 ($0.60) Cents per pound of weight of the lost or damaged article, whichever is greater, unless a different value per article is declared and the Company agrees to such rates in writing prior to performance of the services; 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 entry, whichever is less.
(e) In no event shall We be liable or responsible for consequential, indirect, incidental, statutory or punitive damages even if We has been put on notice of the possibility thereof, except where such damages have been caused by the willful or malicious acts of the Company or any of our employees;
11. Joint Obligation to Pay Charges. Customer, upon tender by Us of the Goods to a carrier, and the consignee, upon acceptance of delivery of the Goods from Us or a the carrier, shall be liable, jointly and severally, for all unpaid charges payable on account of a shipment including, but not limited to, sums advanced or disbursed by the Company or a carrier on account of such shipment. The extension of credit to either shipper or consignee for such unpaid charges shall not thereby discharge the obligation of the other party to pay such charges in the event the party to whom credit has been extended shall fail to pay such charges. It shall be the obligation of Customer to advise the consignee of the provisions of hereof.
12. Right to Store. If for reasons other than the fault of the Company, delivery cannot be made as requested by Customer, or at any changed address of which We have been notified, We, at our option, may cause the Goods to be stored in a warehouse selected by Us, at the cost of the Customer, and subject to a lien for all accrued tariff and other lawful charges.
13. No Responsibility for Governmental Requirements. It is Customer’s responsibility to know and comply with all marking requirements, the regulations of the U.S. Food and Drug Administration, and all other requirements, including Federal, state and/or local agencies pertaining to the merchandise. We shall not be responsible for action taken or fines or penalties assessed by any governmental agency against the shipment because of the failure of Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to Customer by any such agency.
14. Damage to Premises. We shall not be liable for any damages to the premises from which we retrieve the Goods or to which such Goods are delivered by us, unless caused by the gross negligence of the Company or our employees. In the event that such damage is caused by our sole negligence, our liability shall be limited to a maximum of $50.00 in the aggregate for all such damage unless Customer specifically stated in our written contract that We are to arrange Property Damage Insurance. Any damage to premises must be noted in writing and in detail on our collection or delivery documents. Failure to note any damage to premises on our collection or delivery documents at the time of pick-up or delivery shall constitute a waiver of any right or claims to compensation for damage to the premises.
15. Indemnification/Hold Harmless. Customer shall indemnify, defend, and hold Us harmless from any claims and/or liability arising from the importation, exportation or domestic transport of Customer’s Goods and/or Customer’s conduct, 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 and/or expenses, including but not limited to reasonable attorney's fees, which We 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 Us, We shall give notice in writing to Customer by mail at its address on file with Us.
16. Costs of Collection. In any dispute involving monies owed to the Company by Customers, the Company shall be entitled to all costs of collection, including its reasonable attorney's fees and interest at 12% per annum or the highest rate allowed by law, whichever is less, computed from the date on which the services were provided by Us, unless a lower amount is agreed to by the Company.
17. General Lien And Right To Sell Customer's Property.
(a) We shall have a general and continuing lien on any and all property of Customer coming into the Company’s actual or constructive possession or control for monies owed to Us with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both;
(b) We shall provide written notice to Customer of our 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 (30) 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 the Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, We shall have the right, subject to applicable New York law, to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.
18. No Duty To Maintain Customer Records. Customer confirms that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC §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 statute(s) and/or regulation(s), but not act as a "record keeper" or "record keeping agent" for Customer.
19. Preparation and Issuance of Bills of Lading. Where We prepare and/or issue a bill of lading, We 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 and Customer agrees to pay for same, Company shall use the weight and descriptions supplied by Customer.
20. 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 the Company; any attempt to unilaterally modify, alter or amend same shall be null and void.
21. Severability. In the event any Paragraph(s) and/or portion(s) hereof are found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect.
22. 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 York, without giving consideration to principles of conflict of law. Customer and Company (a) irrevocably consent to the jurisdiction of the United States District Court and the State Courts of New York; (b) agree that any action relating to the services performed by Company, shall only be brought in said courts within the City of New York; (c) consent to the exercise of in personam jurisdiction by said courts over them, and (d) further agree that any action to enforce a judgment may be instituted in any jurisdiction.
