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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. |
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1 |
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DEFINITION
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1-1 |
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"COMPANY"
shall mean Millak Agencies Company Limited, its
subsidiaries, successors or assigns, related
companies, agents and/or representatives. |
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1-2 |
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"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
copies of these terms and conditions of service to
all such agents or representatives; |
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1-3 |
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"DOCUMENTATION"
shall mean all information received directly or
indirectly from Customer, whether in paper or
electronic form; |
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1-4 |
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OCEAN
TRANSPORTATION INTERMEDIARIES" ("OTI") shall
include an "ocean freight forwarder" and a
"non-vessel operating common carrier;" |
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1-5 |
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AIR
TRANSPORTATION shall mean domestic and
international air freighting using either passengers
or pure cargo freighters; |
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1-6 |
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ROAD
TRANSPORTATION shall include an overland
service to or from neighboring countries. |
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1-7 |
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RIVER
TRANSPORTATION shall mean transportation by
using the rivers and its branches; |
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1-8 |
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CUSTOMS
CLEARANCE shall mean the responsibility of
obtaining and submitting all documents for clearing
merchandise through customs, arranging inland
transport, and paying all charges related to these
functions; |
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1-9 |
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"THIRD
PARTIES" shall include, but not be limited to,
the following: "carriers, truckmen, cartmen,
lightermen, forwarders, OTIs, customs brokers,
agents, warehousemen and others to which the goods
are entrusted for transportation, cartage, handling
and/or delivery and/or storage or otherwise; |
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1-10 |
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QUOTATION(s)
shall mean an offer to sell goods and/or services at
a stated price and under specified conditions. All
messages exchanged expressing prices negotiation,
the final acceptance shall be the binding one. |
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2 |
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COMPANY AS AGENTS |
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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 import
documentation on behalf of the Customer and other dealings
with Government Agencies; as to all other services, Company
acts as an independent contractor. |
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3 |
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LIMITATION OF ACTIONS
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3.1 |
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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
thirty (30) days of the event giving rise to claim;
the failure to give the Company timely notice shall
be a complete defense to any suit or action
commenced by Customer; |
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3.2 |
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All suits against the Company must be filed and
properly served on Company as follows:
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3.2.a |
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For all ocean transportation,
the Hague and/or Hague-Visby Rules to apply
to carriage of goods by sea; |
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3.2.b |
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For claims arising out of
ocean transportation, within one (1) year
from the date of the loss; |
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3.2.c |
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For those claims arising from
air transportation, within two (2) years
from the date of the loss; |
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3.2.d |
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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); |
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3.2.3 |
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For any and all other claims
of any other type, within one year from the
date of the loss or damage. |
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4 |
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NO
LIABILITY FOR THE SELECTION OR SERVICES OF THIRD PARTIES
AND/OR ROUTES: |
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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. |
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5 |
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QUOTATIONS
AND TERMS OF PAYMENTS |
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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. |
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6 |
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RELIANCE
ON INFORMATION FURNISHED
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6.1 |
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Customer acknowledges that it is required to review
all documents and declarations prepared and/or filed
with the Customs Service, other Government Agency
and/or third parties, and will immediately advise
the Company of any errors, discrepancies, incorrect
statements, or omissions on any declaration filed on
Customers behalf; |
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6.2 |
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In
preparing and submitting Customs entries, export
declarations, applications, documentation and/or
export data to the United States and/or a third
party, 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 any incorrect or false
statement 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. |
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Terms
& Conditions