RULE: 8 - BILL OF LADING TERMS AND CONDITIONS Eff: 12MAY2016
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Effective |
12MAY2016 |
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Filed |
12MAY2016 |
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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:
LEGACY SUPPLY CHAIN SERVICES ("LEGACY") IS A TRADE NAME OF GRIFFIN
TRANSPORT SERVICES, INC., A NEVADA CORPORATION. OTI NVOCC License
No. 003502NF
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.
A. GENERAL
1. Definitions.
a. "Company" shall mean Legacy Supply Chain Services (a dba of
Griffin Transport Services, 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-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
d. Customer, whether in paper or electronic form;
e. "Ocean Transportation Intermediaries" ("OTI") shall include
an "ocean freight forwarder" and a "non-vessel operating carrier";
f. "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 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:
* For claims arising out of ocean transportation, within 1 year
from the date of the loss;
* For claims arising out of air transportation, within 2 years
from the date of the loss;
* 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);
* 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 Agency 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 Customers 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 its 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:
* where the claim arises from activities other than those
relating to customs business, $50.00 per shipment or
transaction, or
* 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;
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 the acts 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 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 or control for monies owed to 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 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 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. Classification of Freight. All USHTS and Schedule B classification
provided by Legacy is for advisory purpose only, US Customs and
Border protection has the ultimate determination of the correct
HTS, Legacy will not be liable for any misclassification.
18. 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.
19. Interruption of Service. If Legacy is unable to start or
continue with carriage of the shipper's package for a reason beyond
its control, Legacy will not be in breach of its agreement with the
shipper but will take all steps that are reasonably practicable in
the circumstances to commence or continue the carriage. Examples
of events beyond Legacy's control are disruption to air or ground
transportation due to bad weather, fire, flood, war, hostilities,
civil disturbance, acts of government or other authorities
(including, without limitation, customs) and labor disputes or
obligations affecting Legacy or some other party.
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 Company; any attempt to
unilaterally modify, alter or amend same shall be null and void.
21. 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, 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.
22. 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.
23. 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 Nevada
without giving consideration to principals of conflict of law.
a. Customer and Company
* Irrevocably consent to the jurisdiction of the United States
District Court and the State courts of Nevada;
* Agree that any action relating to the services performed by
Company, shall only be brought in said courts;
* Consent to the exercise of in personam jurisdiction by said
courts over it, and further agree that any action to enforce a
judgment may be instituted in any jurisdiction.
B. RATE QUOTATIONS
1. Rates are effective during the dates specified on the
quotation. If shipment is to take place after that date, quotes
should be accepted as a rate indication only. If any changes
occur in the particulars of the
fluctuation, size or weight, required handling or documentation,
or transit requirements, quotes and charges shall be subject to
revision accordingly. Shipments are subject to dimensional weight
or actual weight, whichever is greater.
2. Cargo insurance is available through Legacy; however,
please note that the goods are not insured by Legacy unless
requested in writing by the shipper and noted on the quotation.
3. Due to fuel & contract rate fluctuations, space limitations, and
equipment imbalances; quotes are subject to change without notice.
Unless otherwise specified, rates do not include marine insurance,
customs clearance, duties, taxes, door delivery, or any customary
charges at destination such as SCS, DDC, DTHC, or Port Charges. A
charge may be assessed for collect freight.
4. All loaded containers using a Los Angeles or Long Beach, California
marine terminal day gate (3:01am to 4:30pm) will require PierPass
authorization. If Legacy is asked to claim PierPass to facilitate
delivery, please ad $61.50 per 20' container and $123 per 40'
container to rate quotations to cover PierPass Traffic Mitigation
Fees. Containers moving via on-dock rail are exempt from this fee.
5. The quoted rates are based upon express release ocean bills of
lading, should the shipper or the consignee require original
documents, courier fees will be billed accordingly.
6. Import conditions:
a. We are pleased to offer quotations for entry service into the
United States. Not all types of transactions and charges are shown.
Please contact our office for a full description of import rates
and services. Rates are subject to change without notice. Rate
offering does not include customs duties, taxes or fees; delivery
services; international or domestic freight charge; document or
warehouse handling and other charges; cargo insurance and customs
bond charges, except where noted. Additional charges will apply
if the goods are designated for examination by Customs or other
agencies; if we must request missing documents, or otherwise
clarify incomplete information. Our services are provided based
upon the terms and conditions listed on our billing invoices which
are available for review upon request.
b. If a single entry bond is required, additional charges may apply.
($6 per $1000 bond value + duty cost, Min $60)
c. Outport brokerage fees may be applicable for entries where the
importer of record does not have a continuous bond.
d. The quoted charges do not include destination CFS charges,
which vary per CFS Station.
e. The quoted charges do not include chassis fees, which vary
per carrier and duration of use. Please add $20.00 per container
per day to the quoted rate.
7. Export conditions:
a. Destination charges may be subject to clearance examination &
storage charges and will be billed accordingly.
b. All cargo delivered to carrier unscreened is subject to additional
charges for inspection at carrier's facility. Cargo picked up by or
tendered to Legacy on pallet, shrink-wrapped, or on skid, the
shipper must provide full details on carton counts, weight,
dimensions, etc., otherwise subject to rejection by carrier and
additional charges may be assessed.
c. TSA requires mandatory pre-screening procedure; Airline Security
Surcharge is subject to change per carrier at the time of booking.
d. The following countries and/or regions require compliance of
ISPM15 heat treatment standards for all wood products, inclusive of
packaging: Argentina, Australia, Bolivia, Brazil, Canada, Chile,
China, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador,
Egypt, EU, Guatemala, Honduras, India, Indonesia, Israel, Jamaica,
Japan, Jordan, Kenya, Korea, Lebanon, Malaysia, Mexico, New
Zealand, Nicaragua, Nigeria, Norway, Oman, Paraguay, Panama, Peru,
Philippines, South Africa, Sri Lanka, Syria, Taiwan, Trinidad and
Tobago, Turkey, United States, Venezuela, and Vietnam.
e. The following countries and/or regions require legalization of the
export documentation by the applicable countries
Embassy/Consulate: Argentina (optional), Bahrain, Egypt, Kuwait,
Iraq, Jordan, Libya, Oman, Paraguay, Qatar, Saudi Arabia, Syria,
Tunisia, United Arab Emirates, Venezuela and Yemen.
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