Effective	16FEB2012
Filed	16FEB2012
Filing Codes	C

Control No. 12-02450
    
All cargo transported under the rates, charges, terms and
conditions named in this Tariff shall be held, carried and
delivered SBJ to the provisions of Carrier's applicable
Long Form B\L, the terms and conditions of which are shown
below.
     
a. When issued, all B/Ls MUST show the name and address of
   both the Shipper/Consignor and the Consignee; the total
   weight and total measurement of each piece, package or
   unit of cargo in the shipment, except in the case of FCL
   shipments, only the total shipment weight and
   measurement must be shown; and on shipments consigned
   "TO ORDER," the name and address of the party to be
   notified MUST also appear.
     
b. Shippers/Consignors requiring that the Original B/L,
   properly endorsed, be surrendered to the Carrier before
   delivery is accomplished, MUST secure an ORDER B/L.
     
c. The Terms and Conditions of Carrier's regular long form 
   B/L are as follows:
     
TERMS AND CONDITIONS OF SERVICE
   
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 A Active Freezone Cargo, 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-hulk 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,
     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".
   
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 documentation on behalf of the
   Customer and other dealings with Government Agencies; as to all
   other services, Company acts a 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 oaf the loss;
          
  (ii) For claims arising out of 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 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 actions(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 of 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 he 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 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;
          
 (b) 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 the
     Customer's failure to disclose information or any incorrect or
     false statement by the Customer upon which the Company reasonably
     relied.  The Customer agrees that the Customer has an affirmative
     non-delegable duty to disclose any and all information require to
     import, export or enter the goods.
          
7. Declaring 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 tendered 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 therein, Company makes no express
     or implied warranties in connection with its services;
          
 (b) Subject to (e) below, Customer agrees that in connection with any
     and all services performed by the Company, the Company shall only be
     liable for its negligent acts, which are the direct and proximate
     cause of any injury to Customer, including loss or damage to
     Customer's goods and the Company shall in no event be liable for
     the acts of third parties;
          
 (c) 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(s).
          
 (d) 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;
          
 (e) 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.
          
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
   transportation 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
   arising from the importation or exportation of customer's merchandise
   and/or any conduct of the Customer, 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 the Company may hereafter incur, suffer or be required to
   pay by reason of such claims; in the even 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 not have 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 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 for control for monies owed to
          
 (b) 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 public or private
     sale or auction and any net proceeds remaining thereafter shall he
     refunded to Customer.
          
15. No Duty To Maintain Records For Customers. Customer acknowledges
   that pursuant to Sections 508 and 509 of the Tariff Act, as amended,
   (19 USC Sec. 1508 and 1509) it has the duty and is solely 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 "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 abiding, 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 the Customer.
          
18. No Modification or Amendment Unless Written. Theses 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, dividend 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 to the Company, upon recovery by the
   Company, the Customer shall pay the expenses of collection and/or
   litigation including a reasonable attorney fee.
          
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.
          
21. 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 Florida without giving
   consideration to principal's conflict of law, Customer and Company.
          
 (a) irrevocably consent to the jurisdiction of the United States
     District Court and the State courts of Florida;
          
 (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.

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