Unless Shipixy carries, stores or otherwise physically handles the shipment and the loss, damage, expense or delay occurs during such activity, Shipixy assumes no liability as a carrier and is not to be held responsible for any loss, damage, expense or delay to the goods to be for- warded or imported except as provided in paragraph 10 below, and subject to the limitations of paragraph 8 below, but undertakes only to use reasonable care in the selection of carriers, truck-men, lighter-men, forwarders, customhouse brokers, agents, warehousemen and others (collectively “Carrier Agents”) to whom it may entrust the goods for transportation, cartage, handling and/or delivery and/or storage otherwise. When Shipixy carries; stores or otherwise physically handles the shipment, it does so subject to the limitation of liability set forth in paragraph 8 below, unless a separate Bill of Lading (“BOL”), air waybill or other contract of carriage is issued by Shipixy, in which event the terms thereof shall govern.
Shipixy is authorized to select and engage Carrier Agents as required to transport, store, deal with and deliver the goods, all of whom shall be considered as the agents of the Customer, and the goods may be entrusted to such agencies subject to all conditions as to limitation of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in a BOL, receipts or tariffs issued by such Carrier Agents. Shipixy shall under no circumstances be liable for any loss, damage, expense or delay to the goods for any reason whatsoever, when said goods are in custody, possession or control of third parties selected by Shipixy to forward, enter and clear transport or render other services with respect to such goods.
Shipixy has complete freedom in choosing the means, route and procedure, to be followed in the handling, transportation and delivery of the goods.
(A) On an export, at a reasonable time prior to the exportation of the shipment the Customer shall furnish to Shipixy the commercial invoice in proper form and number, a proper consular declaration, weights, measures, values and other information in the language of and as may be required by the laws and regulations of the U.S. and the country of destination of the goods. (B) On an export or import, Shipixy shall not in any way be responsible or liable for increased duty, penalty, fine or expense unless caused by the negligence or other fault of Shipixy, in which event its liability to the Customer shall be governed by the provisions of paragraph 7 below. The Customer shall be bound by and warrant the accuracy of all invoices, documents and information furnished to the Company by the Customer or its agent for export entry or other purposes and the Customer agrees to indemnify and hold harmless the Company against any increased duty, penalty, fine or expense, including Attorney’s fees, resulting from any inaccuracy or omission or any failure to make timely presentation, even if not due to any negligence of the Customer.
In as much as Carrier Agents to whom the goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said Carrier Agents, Shipixy must receive specific written instructions from the Customer to pay such higher charge based on valuation and the Carrier Agents, must accept such higher declared value; otherwise the valuation placed by the Customer on the goods shall be considered solely for export or customs purposes and the goods will be delivered to the Carrier Agents, subject to the limitation of liability set forth herein in paragraph 7 below with respect to any claim against Shipixy and subject to the provisions of paragraph 2 noted above.
Shipixy will make reasonable efforts to effect marine, fire, theft and other insurance upon the goods only after specific written instructions have been received by Shipixy in sufficient time prior to shipment from point of origin, and the Customer at the same time states specifically the kind and amount of insurance to be placed. Shipixy does not undertake or warrant that such insurance can or will be placed. Unless the Customer has its own open marine pol- icy and instructs Shipixy to effect insurance under such policy, insurance is to be effected with one or more insurance companies or other underwriters to be selected by Shipixy. Any insurance placed shall be governed by the certificate or policy issued and will only be effective when accepted by such insurance companies or other underwriters. Should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and Shipixy shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rates as that charged or paid to Shipixy by the Customer, or that the shipment was insured under a policy in the name of Shipixy. Insurance premiums and the charge of Shipixy for arranging the same shall be at the Customer’s expense. If for any reason the goods are held in warehouse, or elsewhere, the same will not be covered by any insurance, unless Shipixy receives written instructions from the Customer. Unless specifically agreed in writing, Shipixy assumes no responsibility to effect insurance on any export or import shipment which it does not handle.
The Customer agrees that Shipixy shall in no event be liable for any loss, damage, expense or delay to the goods resulting from the negligence or other fault of Shipixy (or the negligence or other fault of any other person or entity that Customer, or anyone else, attempts to attribute to Shipixy) for any amount in excess of $100.00 per shipment (or the invoice value, if less) and any partial loss or damage for which Shipixy may be liable shall be adjusted pro rata on the basis of such valuation. The Customer has the option of paying a special compensation to increase the liability of Shipixy in excess of $100 per shipment in case of any loss, damage, expense or delay from causes which would make Shipixy liable, but such option can be exercised only by specific written agreement made with Shipixy prior to shipment which agreement shall indicate the limit of Shipixy’ liability and the special compensation for the added liability. The Customer further agrees that in no event shall Shipixy be liable for (i) damages or injuries resulting from or in connection with a pollutant contained in Customer’s shipment, a “dirty” bomb, or an explosive containing a pollutant or similar substance, or (ii) cleanup costs in the event of contamination resulting from Customer’s shipment. APPENDIX B. – TERMS AND CONDITIONS OF CUSTOMER SERVICE AGREEMENT
In no event shall Shipixy be liable for any act, omission or default by it unless a claim therefore shall be presented to it at its offices within ninety (90) days from the date of exportation or importation of the goods in a written statement to which sworn proof of claim shall be attached. No suit to recover for any claim or demand hereunder shall in any event be maintained against Shipixy unless instituted within six (6) months after presentation of the said claim, as above provided. No agent or employees of Shipixy shall have authority to alter or waive any of the provisions of this clause.
It is agreed that any claim or demand for loss, damage, expense or delay shall be only against the Carrier Agents in whose actual custody or control the goods may be at the time of such loss, damage expense or delay, and that Shipixy shall not be liable or responsible for any claim or demand from any cause whatsoever, unless in each case the goods were in the actual custody or control of Shipixy and the damages alleged to have been suffered be proved to be caused by the negligence or other fault of Shipixy, its officers or employees, in which event the limitation of liability set forth in paragraph 7 above herein shall apply. Shipixy shall not in any circumstances be liable to damages arising from loss of profit. The Customer shall ensure that Shipixy is provided with such information as it may require so as to enable Shipixy to dispatch the correct quantity and type of material to third parties. Such information must be accurate and include the weight and volume of material and the contents of any database containing delivery addresses. The Customer shall ensure that any information contained in a database or other means of electronic storage or transmission is compatible with Shipixy’ computer equipment.In the event that such information is corrupted during transmission or is inaccurate or insufficient, the Customer will hold Shipixy harmless and will indemnify Shipixy in full for all costs, claims, expenses, postage and freight charges and liability incurred by Shipixy as a result of Shipixy relying upon and/or using such inaccurate information.
Shipixy shall not be obliged to incur any expense, guarantee payment or advance any money in connection with the importing, for- warding, transporting, insuring, storing or coopering of the goods, unless the same is previously provided to Shipixy by the Customer on demand. Shipixy shall be under no obligation to advance freight charges, customs duties or taxes on any shipment, nor shall any advance by Shipixy be construed as a waiver of the provisions hereof.
In the event that a Carrier Agent, other person or any government agency makes a claim or institutes legal action against Shipixy for ocean or other freight duties, fines, penalties, liquidated damages or other money due arising from a shipment of goods of the Customer, the Customer agrees to indemnify and hold harmless Shipixy for any amount the Company may be required to pay such Carrier Agent-carrier, other person or governmental agency together with reasonable expenses, including attorney fees, incurred by Shipixy in connection with defending such claim or legal action and obtaining reimbursement from the Customer. The confiscation or detention of the goods by any governmental authority shall not affect or diminish the liability of the Customer to Shipixy to pay all charges or other money due promptly on demand.
Perishable goods or live animals to be exported or which are cleared through customs concerning which no instructions for disposition are furnished by the Customer may be sold or otherwise disposed of without any notice to the Customer, owner or consignee of the goods, and payment or tender of the net proceeds of any sale after deduction of charges shall be equivalent to delivery. In the event that any shipment is refused or remains unclaimed at destination or any transshipping point in the course of transit or is returned for any reason, the Customer shall nevertheless pay Shipixy for all charges and expenses in connection therewith. Nothing herein contained shall obligate Shipixy to forward or enter or clear the goods or arrange for their disposal.
Goods received with Customer(s) or other persons instructions to “Collect on Delivery” (“C.O.D.”) by drafts or otherwise, or to collect on any specified terms by time drafts or otherwise are accepted by Shipixy only upon the express understanding that it will exercise reasonable care in the selection of a bank, correspondent, or Carrier Agent to whom it will send such item for collection, and Shipixy will not be responsible for any act omission, default suspension, insolvency or want of care, negligence, or fault of such bank, correspondent, or Carrier Agent nor for any delay in remittance lost in exchange, or loss during transmission or while in the course of collection.
Shipixy shall have a general lien on any and all property of the Customer in its possession, custody, control or en-route (“Property”), for all claims for charges, expenses or advances incurred by Shipixy in connection with any shipments of the Customer, and if such claim remains unsatisfied for thirty (30) days after written demand for its payment is made, Shipixy may sell the Property at public auction or private sale or dispose of it upon ten (10) days written notice to the Customer, or so much thereof as may be necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of the amount due to Shipixy. Any surplus from such sale shall be transmitted to the Customer, and the Customer shall be liable for any deficiency in the sale. If Customer wishes to obtain the return of the Property, it must first pay any amounts due and owing to Shipixy, and then ship the Property at its expense.
The compensation of Shipixy for its services shall exclusive of any brokerage, commissions, dividends or other revenue received by Shipixy from Carrier Agents, insurers and others in connection with the shipment. In any referral for collection or action against the Customer for monies due to Shipixy, upon recovery by Shipixy, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee and interest at 12% per annum or the highest rate allowed by law. On ocean export shipments, upon request, Shipixy shall provide a detailed breakout of the components of all charges assessed, and a true copy of each pertinent document, relating to these charges.
Shipixy shall not itself be obligated to pick up a shipment from a Carrier Agents or a sample from U.S. Customs. Should Shipixy render such a service for and on behalf of the Customer, Shipixy shall not be responsible for loss or damage to the shipment, unless it is in actual custody and control of Shipixy or its employees and the loss or damage is caused by the negligence or other fault of Shipixy or its employee, in which event the limitation of liability set forth in paragraph 7 above herein shall apply.
Requirements:
It is the responsibility of the Customer to know and comply with the marking requirements of U.S. Customs, the regulations of the U.S. Food and Drug Administration and all other requirements of law or official regulations. Shipixy shall not be responsible for action taken or fines or penalties assessed by any governmental agency against the shipment, because of the failure of the Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency.
Unless the services to be performed by Shipixy on behalf of the Customer are unduly delayed by reason of the negligence or other fault of Shipixy. Shipixy shall not be responsible for any loss, damage or expense incurred by the Customer because of such delay. In the event Shipixy is at fault as aforesaid, its liability is limited in accordance with the provisions of paragraph 7 above.
The foregoing terms and conditions shall be construed according to the laws of the State of New Jersey. The parties agree that the rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of these terms and conditions. Unless otherwise consented to in writing by Shipixy, no legal proceeding against Shipixy may be instituted by the Customer, its assigns, or subrogate, except in the courts of New Jersey having appropriate jurisdiction.
Except for Customs entries and duties, we are independent contractors.
The submission of incomplete or inaccurate information related to any import entry, including descriptions, quantities, weights, purchase prices, discounts, commissions, changed selling prices at time of exportation, assists, county or origin, etc. makes Customer liable to severe governmental penalties or sanctions. In the event the information forwarded to Shipixy, or which accompanied the shipment, does not accurately reflect the entire transaction, it is essential that Customer immediately notify Shipixy so that Shipixy can take corrective action.
Billing is based on piece counts, destinations, piece weight, dimensions, verified piece scan weight(s), and verified shipment weight(s). Shipixy reserves the right to verify information provided by the Customer. All billing transactions are in United States dollars. In the event of a cost variance due to incorrect shipment attributes received from the Customer/Shipper, that exceeds more than 5%, due to the shipping attributes are incorrect, Shipixy has the right to modify rates, to reflect the actual shipping attributes received from the Customer/Shipper.
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the laws of New Jersey State shall apply.
