These service terms and conditions create a legally binding agreement between the “Company” and the “Customer.” If the Company provides services and issues a document with Terms and Conditions for those services, the Terms and Conditions in that document will apply to those services.
1.Definitions.
(a) “Company” refers to Experior, its subsidiaries, related companies, agents, and/or representatives;
(b) “Customer” refers to the individual or entity for whom the Company is providing services, as well as its principals, agents, and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers, sellers, shipper’s agents, insurers, underwriters, break-bulk agents, consignees, etc. It is the Customer’s responsibility to ensure that all such agents or representatives receive notice of and copies of these terms and conditions of service;
(c) “Documentation” encompasses all information received from the Customer, whether in paper or electronic form;
(d) “Third parties” includes, but is not limited to, the following: carriers, truckmen, cartmen, lightermen, forwarders, customs brokers, agents, warehousemen, and others to whom the goods are entrusted for transportation, cartage, handling, delivery, storage, or otherwise.
2.Company as agent.
The Company serves as the Customer’s “agent” for tasks related to the entry and release of goods, post-entry services, obtaining export licenses, filing export and security documentation on behalf of the Customer, and interacting with Government Agencies. The Company also arranges transportation services or other logistics services in any role other than as a carrier.
3. No Liability For The Selection or Services of Third Parties and/or Routes.
Unless services are performed by individuals or firms engaged according to express written instructions from the Customer, the Company will use reasonable care in selecting third parties or determining the means, route, and procedure for handling, transporting, clearing, and delivering the shipment. The Company’s advice regarding the selection of a specific person or firm to provide services for the goods does not imply a warranty or representation that such services will be provided, nor does the Company assume responsibility or liability for any actions or inactions of such third parties or their agents. The Company shall not be liable for any delay or loss that occurs while a shipment is in the custody or control of a third party or its agent. Any claims related to the actions of a third party must be brought against that party or its agents alone. The Company will reasonably cooperate with the Customer regarding such claims, and the Customer will be responsible for any charges or costs incurred by the Company.
4. Quotations Not Binding.
The Company’s quotations regarding fees, duty rates, freight charges, insurance premiums, or other charges provided to the Customer are for informational purposes and may change without notice. A quotation is not binding on the Company unless it agrees in writing to handle or transport the shipment at a specific rate or amount stated in the quotation, and payment arrangements are agreed upon between the Company and the Customer.
5. Insurance.
Unless specifically requested in writing and confirmed in writing to the Customer, the Company is not obligated to obtain insurance on behalf of the Customer. In all circumstances, the Customer is responsible for paying all premiums and costs associated with obtaining any requested insurance.
6. Disclaimers; Limitation of Liability.
(a) Apart from what is specifically stated here, the Company does not provide any express or implied warranties regarding its services.
(b) For all services provided by the Company, the Customer has the option to obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to pay for it. This request must be confirmed in writing by the Company before services are provided for the covered transaction(s).
(c) If no additional coverage is obtained as described in (b) above, the Company’s liability is limited as follows:
(i) For claims unrelated to customs business, the liability is limited to US$500.00 per shipment or transaction.
(ii) For claims related to “Customs business,” the liability is limited to US$500.00 per entry or the amount of brokerage fees paid to the Company for the entry, whichever is lower.
(d) The Company shall not be liable for consequential, indirect, incidental, statutory, or punitive damages, even if it has been notified of the possibility of such damages, or for the actions of third parties.