The enrolled Customer, Shipper and/or Consignee (hereinafter collectively referred to as “Customer”) agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter. These TERMS AND CONDITIONS shall apply to this and all future shipments scheduled by Customer, unless and until these TERMS AND CONDITIONS are altered or amended by Advanced Distillation (hereinafter referred to as “Broker”) issuance of new TERMS AND CONDITIONS.
The General Rules Tariffs, as set forth by the carriers, will in every instance take precedence in all legal proceedings and when applicable, will take precedence over the Broker’s TERMS AND CONDITIONS stated herein. If not stated within the carrier’s General Rules Tariff, the Broker’s TERMS AND CONDITIONS as stated herein shall control. In the case of conflict between the TERMS AND CONDITIONS contained herein and those set forth by the individual selected carrier’s General Rules Tariff, the selected carrier’s General Rules Tariff shall control. All Terms, including, but not limited to, all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers.
Bills of Lading
All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by Broker as Customer’s agent on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer and to bind Customer. Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by the Broker, or the use of any Bill of Lading not authorized or issued by the Broker shall VOID the Broker’s obligations to make any payments relating to this shipment and VOID all rate quotes.
Agreement to Terms
Customer agrees that international and domestic carriage by a Carrier of any shipment tendered shall be in accordance with the terms, conditions and limitation of liability set on the non-negotiable BOL, Air Waybill, Label, Manifest, or Pick-up record (collectively “shipping documentation”) and as appropriate any transportation agreement between customer and Broker and/or Carrier covering such shipment and in any applicable Tariff, Service Guide, or Standard Conditions of Carriage, which are incorporated into this agreement by reference. If there is a conflict between the shipping documentation and any such document then in effect or this agreement, the transportation agreement, Tariff Service Guide, Standard Conditions of Carriage, or this agreement will control in this order of priority.
If a shipment originated outside U.S., the contract of carriage is with the Broker’s subsidiary, branch, or independent contractor who originally accepts the shipment. Your use of this web site shall not alter your responsibility for the preparation and accuracy of shipping documentation including export/import.
Customer Warranties
The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete documents as are necessary to comply with such laws, rules and regulations. The Broker assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.
Payment
All charges are payable in US Dollars and are due and payable before shipment, and any payment which is past due shall be subject to an additional charge at the rate of 1-1/2% per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. All funds received by the Broker will be applied to the oldest (based on pick-up date) invoiced Bill of Lading that is outstanding. Overpayments do not accrue interest and are subject to the Law of California. In the event the Broker retains an attorney or collection agency to collect unpaid charges or for the enforcement of these TERMS AND CONDITIONS, all unpaid charges will be subject to a late payment penalty of 33% and Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses.The Customer shall be liable, jointly and severally, for all charges payable on account of such Customer’s shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) after the shipment, and all duties, customs assessments, governmental penalties and fines, taxes, and Broker’s attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. The Broker shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. The Broker reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the carrier were required or otherwise authorized by the Customer to perform the pick up, transportation and delivery functions therein. Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If the Broker does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Broker.
Claims and Limitations of Liability
The individual carrier’s governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order for a carrier to process a claim. All freight cargo claims should be submitted immediately to the Broker to help ensure timely resolution. The Broker will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. No claim will be reviewed until all shipping and related charges have been paid to Broker. All packaging and containers must be made available for inspection by Broker. Insurance claim payments, minus $100.00 USD deductible, will be made in U.S. dollars. Please contact the Broker for more details regarding carrier insurance or carrier liability.
The Broker is not liable for any loss, damage, mis-delivery or non-delivery caused by the act, default or omission of the Carrier. The Broker is not liable for any loss, mis-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. The Broker is not liable for losses, mis-delivery or non-delivery caused by violation(s) by the Customer of any of the TERMS AND CONDITIONS contained in the Bill of Lading or of the carrier’s General Rules Tariff including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. The Broker is not liable for losses, mis-delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of aircraft or other equipment. The Broker is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person other than employees of the Broker.
Subject to the limitations of liability contained in the Bill of Lading and the carrier’s General Rules Tariff, the Broker shall only be liable for loss, damage, mis-delivery or non-delivery caused by the Broker’s own gross negligence. The Broker’s liability therefore shall be limited to the fees that the Broker has earned with respect to the subject shipment.
THE BROKER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. THE BROKER CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE BROKER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME.