Terms and Conditions

1. NON-NEGOTIABLE DOCUMENT – In tendering the shipment described herein for carriage, Shipper agrees to these conditions of contract, which no agent or employee of the parties may alter, and that this waybill is non-negotiable and has been prepared by him or on his behalf by the carrier.

2. CARRIER TARIFFS GOVERN – It is mutually agreed that the shipment described herein, accepted on the date hereof in apparent good order (except as noted) for carriage as specified herein subject to governing tariffs in effect as of the date hereof, said tariffs are available for inspection by the parties hereto and are hereby incorporated into and made part of this contract.

3. LIABILITY LIMITS – Are 50 US cents per pound with a minimum of $50.00 for lost and/or weight of damaged portion of shipment, whichever is greater, unless a higher value is declared herein and applicable charges paid thereon. However, certain commodities may be deemed to have a lesser value, in which case that value as stated in governing tariffs will apply. In the event of a claim, carrier shall be liable for physical loss and/or damage only.

4. C.O.D. SHIPMENTS – The amount of shippers C.O.D. to be collected from the consignee must be entered on the Central Cargo house waybill by the shipper, with the shipper’s or his agent’s signature on the waybill. The full amount of the shippers C.O.D. is payable only by certified check or money order made payable to the shipper unless the shipper has authorized Central Cargo to collect the consignee’s check payable to the shipper. If the shipper has written such authorization, Central Cargo’s responsibility is then limited to exercising care and diligence in forwarding the check to the shipper. Any charges for transportation, or C.O.D. collection, or any other Central Cargo services associated with the C.O.D. shipment will be collected from the consignee and shall be made by certified check or money order payable to Central Cargo and be separate from the check of the C.O.D. amount. All shipments bearing a C.O.D. amount for the shipper will be assessed the applicable insurance rate for carriage. C.O.D. shipments refused or unclaimed by the consignee will be held at Central Cargo’s destination terminal and the shipper will be notified. If the disposition has not been received by Central Cargo within NINETY (90) das of shipper notification by Central Cargo, the shipment may be disposed of with the proceeds of sale being applied to transportation charges and any excess amounts being refunded to the shipper. Any amounts unsettled after receipt by Central Cargo of the proceeds of sale will be the responsibility of the shipper.

5. APPLICABLE ROUTING – Carrier’s routing applies unless shipper inserts specific routing requests.

6. DELIVERY – Delivery will be made by the delivering carrier to the consignee at the point where delivery service is available at applicable tariff charges unless instructions to deliver at city terminal or airport terminal are specified by shipper under special instructions.

7. USE OF OTHER CARRIER – Shipment may be diverted to motor or other carrier as per tariff rule unless shipper gives other instruction hereon.

8. SHIPPER RESPONSIBILITY – The shipper is responsible for preparing, marking, packing and labeling his shipment so as to ensure safe transportation with ordinary care in handling. Carrier acceptance of the shipment shall be prima facia evidence of shipper’s compliance of this paragraph.

9. INSPECTION OF SHIPMENTS – All shipments are subject to inspection by the carrier, but the carrier shall not be obligated to perform such inspections.

10. EXCLUSIONS – The carrier shall not be liable for loss, damage, delay or other result caused by (A) Acts of God, Perils of the air, Public Enemies, Public Authorities acting with actual or apparent authority in the premises, Authority of Law, Quarantine, Riots, Strikes, Civil Commotions, or Hazards or Danger incidents to a state of war or undeclared war; (B) The act of default of the shipper or consignee; (C); The nature of the shipment or any defect, characteristic or inherent vice thereof; (D) Violation by the shipper or consignee of any of the rules container in applicable tariffs, including but not confined to improper or insufficient packing, securing, marking, or addressing, and failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions; or (E) compliance with delivery instructions from the shipper or consignee or noncompliance with special instruction from the shipper or consignee not authorized by applicable tariffs.

11. CONSEQUENTIAL AND SPECIAL DAMAGES – The carrier shall not be liable for any consequential or special damages to include but not limited to loss of income and/or profit, whether or not the carrier had knowledge that such damages might be incurred.

12. CLAIMS, TIME LIMITS AND PROCEDURES
A. All claims for overcharges must be made in writing to the home office of Central Cargo at 1102 A Street, Suite 315, Tacoma, WA 98402 within a period of NINETY (90) days after the date of acceptance of the shipment by Central Cargo.
B. Damage and/or loss discovered by the consignee after delivery and after a clear receipt has been given to the carrier must be reported to the home office of Central Cargo at 1102 A Street, Suite 315, Tacoma, WA 98402 or via email to claims@centralcargo-northamerica.com within 3 business days after delivery of the shipment with privilege to the carrier to make inspection of the shipment.
C. Except as provided in paragraph 12B above, receipt by the consignee of the shipment without written notification of damage on the delivery receipt shall be prima facia evidence that the shipment has been delivered in good condition.
D. While awaiting inspection by carrier, the consignee must hold the shipping container and its contents in the same condition they were in when damage was discovered for a period of 15 days.
E. No claim will be entertained until all transportation charges have been paid. Claims may not be deducted from transportation charges or accessorial charges due to Central Cargo.
F. Carrier shall not be liable in any action brought to enforce a claim unless all claims procedures have been complied with and the action is brought within one year after the date that carrier disallowed all or part of the claim.
G. Claims for loss or damages noted must be submitted in writing within 90 days of receipt of good to Central Cargo at 1102 A Street, Suite 315, Tacoma, WA 98402. Claims for non-delivery must be submitted in writing with 90 days of expected delivery date to Central Cargo at 1102 A Street, Suite 315, Tacoma, WA 98402 Payment of claim shall be subject to proof of actual damages suffered.

13. INDEMNITY – The shipper and consignee shall be liable, jointly and severally, to pay or indemnify the carriers for all claims, fines, penalties, damages, costs, or other sums which may be incurred, suffered or disbursed by a carrier by reason of any violation of the rules contained in applicable tariffs or any other default of the shipper or such other parties with respect to a shipment.

14. Every party, whether principal or agent, who ships Dangerous Goods without previous full written disclosure to the carrier of their nature, shall be liable for and indemnify the carrier against all loss or damage caused by such goods. Such goods may be warehoused at owner’s risk and expense or destroyed without compensation.

15. All parties (shipper, consignee, or third-party bill to party) are equally responsible for the full payment in the event the designated payor fails to pay the bill. All charges are payable to Central Cargo, Seattle, WA in US currency. In event of default, suit for collection may be brought at the home office of Central Cargo. In the event of any suit arising under this contract, the prevailing party will be entitled, in addition, to the other remedies, reasonable attorney fees and costs. Net 30 days-Payments not received within 45 days of invoice date will be assessed interest of 2% per month of the invoice amount.

16. OFF BILL / SHIPPING DISCOUNT – Will only apply when carrier receives all applicable freight charges within 45 days of:
A. Billing date for shipments moving “Prepaid”.
B. Delivery date for shipments moving “Collect”.
All invoices not paid within the foregoing time frame will be subject to carrier’s tariff, at carriers’ discretion, bankruptcy and/or insolvency shall be cause to rebill at carrier’s tariff without regard to the age of the invoice.

17. Central Cargo shall have a general lien on any and all property of the shipper, consignee, or bill to party in its possession, custody, or control, or en-route, for all claims for charges, expenses, or advances incurred by Central Cargo in connection with any shipments of the shipper, consignee, or bill to party and if such claim remains unsatisfied for THIRTY (30) days after demand for its payment is made, Central Cargo may sell upon TEN (10) days written notice to the customer the goods wares, and/or merchandise, or so much thereof as may be necessary to satisfy such lien.

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 Central Cargo North America, 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 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 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 ninety (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 one (1) year from the date of the loss; (ii) For claims arising out of air transportation, within two (2) years from the date of this 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 type, within two (2) years from the data 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 action(s) and/or inactions(s) of such third parties and/or its agent, 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 the 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 Customer’s behalf; (b) In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or other required 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 ensure the corrections 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 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 therefore, 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 “Customs business”, $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; (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 attorney’s fees arising from the importation or exportation of customer’s 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 agents 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 Delivery” (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 have no 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 Rights 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 §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 Regulations(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 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.

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 nay 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 Washington 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 Washington; (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.

If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal or the Warsaw Convention may be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier’s limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.

CONDITIONS OF CONTRACT

1. In this contract and the Notices appearing hereon:
CARRIER includes the air carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage. SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International Monetary Fund. WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of carriage: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 September 1955; that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be. MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.

2.

2.2.1 Applicable laws and government regulations; 

2.2.2 Provisions contained in the air waybill, Carrier’s conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage include, but are not limited to: 

2.2.2.1 Limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable goods;

2.2.2.2 Claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;

2.2.2.3 Rights, if any, of the Carrier to change the terms of the contract;

2.2.2.4 Rules about Carrier’s right to refuse to carry;

2.2.2.5 Rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting. 

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation for cargo lost, damaged or delayed, shall be 22 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in Carrier’s tariffs or general conditions of carriage.

5.

5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention), government regulations, orders and requirements.

5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.

6.

6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.

6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set fourth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.

7.

7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining Carrier’s limit of liability shall be only the weight of the package or packages concerned.

7.2 Notwithstanding any other provisions, for “foreign air transportation” as defined by the U.S. Transportation Code.

7.2.1 In the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and

7.2.2 In the case of loss of, loss or damage or delay to a part of a shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same air waybill whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

8. Any exclusion or liability applicable to Carrier shall apply to Carrier’s agents, employees, and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person’s agents, employees and representatives.

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.

10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.
10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:

10.1.1 In the case of damage to the cargo, immediately after discovery of the damage and at latest within 14 days from the date of receipt of the cargo;

10.1.2 In the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery.

10.1.3 In the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or if an air waybill has been issued, within 120 days from the date of receipt of the cargo for transportation by the carrier.

10.2 Such complaint may be made to the Carrier whose air waybill was used, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place.

10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be brought against Carrier.

10.4 Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

11. Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper’s failure to comply with this provision.

12. No agent, employee or representative of Carrier has the authority to alter, modify or waive any provisions of this contract.

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 Central Cargo North America, 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 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 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 ninety (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 one (1) year from the date of the loss; (ii) For claims arising out of air transportation, within two (2) years from the date of this 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 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 action(s) and/or inactions(s) of such third parties and/or its agent, 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 the 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 Customer’s behalf; (b) In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or other required 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 ensure the corrections 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 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 therefore, 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 “Customs business”, $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; (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 attorney’s fees arising from the importation or exportation of customer’s 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 agents 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 Delivery” (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 have no 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 Rights 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 §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 Regulations(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 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.

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 Washington 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 Washington; (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.

1. Definitions – “Carrier” means Central Cargo North America, a division of Central Cargo. “Merchant” includes the shipper, the consignee, the receiver of the goods, the holder of this Bill of Lading, any person having a present or future interest in the goods or any person acting on their behalf.
“Goods” means and includes the cargo received from the shipper and described on the face side hereof and any Container not supplied by or on behalf of the Carrier.
“Container” means and includes any container, van, trailer, transportable tank, flat, pallet, or any similar article of transport.
“Participating Carrier” means and shall include any other water, land or air carrier performing any stage of the Combined Transport.
“Carriage” means the whole of the operation and services undertaken or performed by, or on behalf of, the Carrier in respect of the goods.

2. Receipt of Goods – Unless otherwise indicated in this Bill of lading, Carrier has received the goods listed on the reverse side of this Bill of Lading (Box 18) in apparent good order and condition.

3. Carrier’s Responsibility – Carrier undertakes to procure the services necessary to effect the entire transport of these goods from the place where the goods are accepted as designated on the reverse side of this Bill of Lading (Boxes 13 or 15) to the place of final delivery as designated on the reverse side (Box 16 or 17). Carrier is responsible for the goods from the time they are received by Carrier until they are made available for Merchant to take delivery. The custody and carriage of the goods are subject to this Bill of Lading as well as Carrier’s published freight tariffs, rates and rules. At all times, the custody and carriage of the goods are subject to the provisions of the Carriage of Goods by Sea Act of the United States of America approved April 16, 1936 (COGSA) which is incorporated herein as part of this Bill of Lading, unless, and then only to the extent, the terms are preempted by law which is compulsorily applicable to that stage of the transport at which such damage occurs. In that event, all other provisions of COGSA, this Bill of Lading and Carrier’s published tariff rates and rules remain in full force and effect. In the event of liability because of such a compulsorily applicable law, rule, contract, or tariff provision, then Carrier shall be liable on the same basis as any other carrier by land, water or air would be liable under those compulsorily applicable laws, contract, rules or tariffs.

4. Limitation of Liability – Liability for loss of or damage to the goods shall not exceed $500 per package, or in case of goods not shipped in a packaged, per customary freight unit, unless the merchant has declared a higher value (not to exceed the market value of the goods) than $500 per package or per customary freight unit in writing upon delivery to the carrier, such higher value has been inserted on the reverse side of the Bill of Lading (Box 25) and extra freight is paid. In the event, liability for loss shall not exceed the declared value and any partial loss or damage shall be adjusted pro rata based on declared value. Where containers, vans, trailers, transportable tanks, flats, palletized units and other such packages are not packed by the Carrier, each individual such container, van, trailer, transportable tank, palletized unit and other such package including in each instance its contents shall be deemed a single package and Carrier’s liability limited to $500.00 with respect to each such package. Insurance will not be arranged by the carrier except with the express written instructions of the consignor and then only at the expense \ of the consignor and lodgment of a declaration as to value, prior to shipment.

5. Defense and Limitations applicable to Third Parties – Any participating carrier, master, officer, servant, agent, independent contractor, sub-contractor, insurer or any other person engaged or employed by Carrier in connection with carriage under this Bill of Lading shall be entitled to all rights, privileges, liens exonerations, defenses and limitations to which Carrier is entitled to under this Bill of Lading and the applicable law. For this purpose, this contract shall be deemed to have been made on behalf of any such person and such person shall be a party to this contract. In no event shall the aggregate of the amounts recoverable from Carrier and any other person exceed the limits established in this Bill of Lading.

6. Notice of Loss or Damage – Unless notice of loss or damage that is apparent, and the nature of such loss or damage, is given in writing to Carrier before or at the time of delivery of the goods, Carrier shall be deemed to have delivered the goods as described in the Bill of Lading. Notice of loss or damage that is not apparent must be given within three days of delivery. Notice of loss or damage must be sent to Central Cargo North America, 1102 A Street, Suite 315, Tacoma, WA 98402.

7. Claims – All Claims for loss or damage of cargo must be filed with carrier which will be solely responsible to process them to conclusion. Carrier shall be subrogated, automatically, to all rights of the Merchant as against all others, including but not limited to underlying carriers, with respect to such claims. Notice of all claims must be sent to Central Cargo North America, 1102 A Street, Suite 315, Tacoma, WA 98402.

8. Time Bar – Carrier shall be discharged from all liability unless suit is brought within twelve months after the date of delivery of the goods or after the date which the goods should have been delivered. Suit shall not be deemed brought against Carrier until jurisdiction shall have been obtained by service of process on Carrier.

9. Place of Suit – Any lawsuit arising out of or related to carriage under this Bill of Lading shall be brought in the United States Superior Court of the State of Washington for King County.

10. Consequential Loss and Delay Carrier does not accept responsibility for any direct, indirect or consequential loss or damage sustained to Merchant through delay or any other cause, unless Carrier is responsible for consequences of delay or other cause under any law, statute, agreement or conventions of a mandatory nature. If Carrier is found liable for delay, its liability is limited to the freight charges of the shipment(s) involved. Carrier has the option of replacing lost goods or repairing damaged goods.

11. Failure to Notify – Carrier does not accept responsibility for failure to notify the Merchant or others concerned of the arrival of the goods.

12. Application of Defenses – All defenses and limits of liability shall apply in any action against Carrier arising out of or related to carriage under this Bill of Lading whether the action be founded in contract or in tort.

13. Methods of Transportation, Stowage, Deck Cargo and Containerization –
a) Carrier may, in its sole discretion and without notice to Merchant, use any means of transport or stowage whatsoever, load or arrange for the carriage of the goods on any vessel whether named in this Bill of Lading or not.

14. Route of Carriage: Matters Affecting Performance – The intended carriage shall not be limited to the direct route but shall include any deviation for any purpose connected with the service, including maintenance of vessel and crew. If at any time the carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (including the condition of the goods), whenever and however arising (whether or not the carriage has commenced) Carrier may:
a) Without notice to Merchant abandon the carriage of the goods and where reasonably possible place the goods or any part of them at Merchant’s disposal at any place which Carrier may deem safe and convenient and the responsibility of Carrier in respect of such goods shall then cease.
b) Without prejudice to the Carrier’s right subsequently to abandon the carriage under a) above, continue the carriage. In any event the Carrier shall be entitled to full freight charges on goods received for carriage and Merchant shall pay any additional costs resulting from the above-mentioned circumstances.

15. Freight – Freight shall be deemed fully earned on receipt of the goods by Carrier and shall be paid whether or not the cargo was lost or damaged. Merchant shall be liable to Carrier for freight and all other charges regardless of whether the shipment was prepaid, or freight collect.

16. Carrier’s Lien – The Carrier shall have a lien on the goods, or any part of the goods, and any documents relating thereto for all freight, demurrage, general average and other charges payable to the Carrier including attorneys’ fees and costs and may enforce this lien by public or private sale of the goods and other property belonging the Merchant which may be in Carrier’s possession, without notice and at Merchant’s expense. Any surplus from such sale shall be transmitted to Merchant and Merchant shall be responsible for any deficit.

17. Delivery of Goods –
a) If Merchant refuses or fails to take delivery of the goods upon their being discharged and made available at point of discharge or place designated for delivery regardless of any free time prescribed by tariff or local regulations, Carrier has the right, without giving notice to Merchant, to unstuff the goods, if necessary, and/or to store them at the risk and expense of Merchant. Such storage shall constitute final delivery under this Bill of Lading and all liability of Carrier in respect of the goods shall terminate.
b) If the Merchant fails to take delivery of the Goods within thirty days of delivery becoming due under Clause 17 (a), or if in the opinion of the Carrier they are likely to deteriorate, decay, become worthless or incur charges whether for storage or otherwise in excess of their value, the Carrier may, without prejudice to any other rights which he may have against Merchant, without notice sell, destroy or dispose of the Goods and apply any proceeds of sale in reduction of the sums due to the Carrier from Merchant.

18. Description of Goods – Merchant warrants the correctness of the declaration of contents, insurance, weight, measurement or value of the goods but Carrier reserves the right to have the contents inspected in order to verify the accuracy of the declaration. Merchant shall indemnify and hold Carrier harmless against any loss, damage and expenses, including attorney fees, arising or resulting from misdescriptions or inadequacies of such descriptions.

19. Merchant’s Packing – Merchant shall be responsible for and shall indemnify and hold Carrier harmless from any loss, damage or expenses, including attorney fees, caused by faulty packing or mixing of goods by Merchant in containers, or on trailers, or on flats, or for the count of the contents.

20. Hazardous Cargo – Goods of an inflammable, explosive, radioactive or dangerous nature may not be tendered for carriage unless written notice of their nature and the name and address of the sender and the receiver have been previously given to Carrier and it has given written consent. The nature of the goods must be distinctly marked on the outside of the package or packages as required by applicable statutes or regulations. Merchant shall be liable for all consequential damages and expenses arising out of its failure to comply with the foregoing provisions of this paragraph and shall indemnify and hold Carrier harmless from any resulting loss, damages, and expenses, including attorney fees.

21. Temperature Controlled – Cargo Merchant shall not tender for carriage any goods which require temperature control without previously giving written notice of their nature and the temperature range to be maintained to Carrier in writing. Carrier shall not be liable for any loss of or damage to the goods arising from Merchant’s failure to comply with these requirements or from defects, faults, breakdown, stoppage of the temperature controlling machinery, plant, insulation or any apparatus of the container.

22. General Average – Merchant shall indemnify Carrier in respect of any claims of a general average nature, which may be made on Carrier. General average shall be adjusted at any port or place at the option of the Carrier and shall be in accordance with the York-Antwerp Rules 1974 as amended in 1990. Merchant shall provide security as may be required by Carrier in this connection. Deck cargo is to participate in general average.

23. Through and On-Board Bills of Lading – When used in or endorsed on this Bill of Lading words “ON BOARD” shall mean on board the exporting vessel or on board another mode of transportation operated on behalf of the Carrier or a Participating Carrier.

24. Validity –
a) In the event that anything in this Bill of Lading is inconsistent with any applicable international convention or national law which cannot be departed from by private contract, the provision hereof shall be null and void to the extent of such inconsistency, but no further.
b) The terms and conditions of this Bill of Lading supersede any other agreements with respect to carriage of the goods. No servant or agent of Carrier shall have the power to waive or vary of the terms hereof unless such waiver or variation is in writing and is specifically authorized or subsequently ratified in writing by Carrier.