RULE: 8 - BILL OF LADING TERMS AND CONDITIONS Eff: 07FEB2018

Effective 07FEB2018
Filed 07FEB2018
Filing Codes IC

All cargo transported under the rates, charges, terms and
conditions named in this Tariff and in Tariffs subject to
this Tariff shall be held, carried and delivered SUBJECT 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:
     
BILL(S) OF LADING   
  
1. Terms & 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.
  
2. Definitions.
(a) 'Company' shall mean 7Freight Services LLC, 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,
  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''.   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 90 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.
(b) All suits against Company must be filed and properly served on
  Company as follows:
  (i) For claims arising out of ocean transportation, within 1 year
    from the date of the loss;
  ii) For claims arising out of air transportation, within 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 75 days from the date of liquidation of
    the entry(s);
 (iv) For any and all other claims of any other type, within 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 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 Agencies 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 Customer's 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 ensure 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,
incomplete or false statement by the Customer or 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 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 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 therefor, which request must be
  confirmed in writing by the Company prior to rendering services for
  the covered transaction(s).
(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 customsbusiness, $50 per shipment or transaction, or
 (ii) where the claim arises from activities relating to ''Customs
    business,'' $50 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 theacts 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 attorneys'
fees arising from the importation or exportation of customers
merchandise and/or any 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 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 18% 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 or control for monies owed to Company with regard 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 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, (19 USC Sec. 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 maintain by Statute(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 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 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.  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.
  
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 New
York 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: Massachusetts
(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.

Table Of Contents