TERMS & CONDITIONS OF SERVICE
These terms and conditions of service constitute a legally binding contract between the "Company" and the "Customer". In the event the Company renders services and issues a document containing
Terms and Conditions governing such services, the Terms and Conditions set forth in such other documents(s) shall govern those services.
(a) "Company" shall mean Catalina Cartage, LLC. , its subsidiaries, related companies, agents and/or representatives;
(b) "Customer" shall mean the person for which the Company is rendering service, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties,
warehousemen, buyers and/or sellers, shipper's agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and
copy(s) of these terms and conditions of service to all such agents or representatives;
(c) "Documentation" shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;
(d) "Ocean Transportation Intermediaries" ("OTI") shall include an "ocean freight forwarder" and a "non-vessel operating carrier";
(e) "Third parties" shall include, but not be limited to, the following: "carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted
for transportation, cartage, handling and/or delivery and/or storage or otherwise".
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 ling of export
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 specic 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 (60) 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 led 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 (1) year from the date of the loss;
(iii) For claims arising out of the preparation and/or submission of an import entry(s), within seventy-ve (75) days from the date of liquidation of the entry(s);
(iv) For any and all other claims of any other type, within two (1) year 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 rms 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 rm 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 rm will render such services
nor does Company assume responsibility or liability for any action(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 specic 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 led with the Customs Service, other Government Agency and/or third parties, and will immediately advise
the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration led on Customer's behalf;
(b) In preparing and submitting customs entries, export declarations, applications, documentation and/or export 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 correctness of all such information and shall indemnify and
hold the Company harmless from any and all claims asserted and/or liability or losses suered by reason of the Customer's failure to disclose information or any incorrect or false statement by the Customer upon
which the Company reasonably relied. The Customer agrees that the Customer has an armative 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 specic written instructions from the Customer, which must agree
to pay any charges therefor; 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.
Unless requested to do so in writing and conrmed 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 specically set forth herein, Company makes no express or implied warranties in connection with its services;
(b) Subject to (d) below, Customer agrees that in connection with any and all services performed by the Company, the Company shall only be liable for its negligent acts, which are the direct and proximate cause
of any injury to Customer, including loss or damage to Customer's goods, and the Company shall in no event be liable for the acts of third parties;
(c) 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 conrmed in writing by the Company prior to rendering services for the covered transaction(s).
(d) In the absence of additional coverage under (c) above, the Company's liability shall be limited to the following:
(i) where the claim arises from activities other than those relating to customs brokerage, $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;
(e) 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.
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. Indemnication/Hold Harmless.
The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability arising from the importation or exportation of Customer's merchandise and/or any conduct of the
Customer, 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 and/or expenses, including
but not limited to reasonable attorney's fees, which the Company may hereafter incur, suer 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 le with the Company.
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TERMS & CONDITIONS OF SERVICE
12. C.O.D. or Cash Collect Shipments.
Company shall use reasonable care regarding written instructions relating to "Cash/Collect" or "Deliver (C.O.D.)" shipments, bank drafts, cashier's and/or certied 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.
(a) Customer shall make payment to Carrier, without deduction or seto, within thirty (30) days of the date on the original invoice. Payments received more than forty (40) days after the date of the invoice shall
incur late charges in the amount of 15% (fteen percent) per annum of the outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less, from the due date until paid.
(b) Customer shall be liable (i) for all unpaid charges payable on account of a shipment pursuant to this contract, and (ii) to pay or indemnify Carrier for all claims, nes, penalties, damages, costs or other sums which
may be incurred by Carrier by reason of any violation of this contract or any other default.
(c) Overcharge and Undercharge Claims. All claims for overcharge or undercharge shall be made within one hundred eighty (180) days of the date of the original invoice, or the date of shipment, whichever
comes rst. The passage of such one hundred eighty (180) day period shall be a complete bar to any actions to recover an undercharge or overcharge.
(d) Credit Card Payment. All payments by credit card are subject to a 4.5% charge based on the invoiced amount. All payments that are not paid within (40) days after the date of invoice date may be processed
by Freight Services with the customers credit card on le. Customer's signature on this agreement allows Freight Services to process payment and by this signature the customer agrees to pay the
total amount charged in compliance with the cardholder's agreement.
14. Forfeiture of Discounts and Costs of Collection.
(a)All discounts oered, as indicated on the invoice faces, are forfeited should Customer fail to comply in all respects with payment terms. 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.
(b) If payment is not received from Customer within sixty (60) days from the invoice date, the account will be submitted to a collection agency and may be done so without notice to Customer.
15. 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.
16. No Duty to Maintain Records for Customer.
Customer acknowledges that pursuant to Sections 508 and 509 of the Tari 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 Regulation(s), but not
act as a "recordkeeper" or "recordkeeping agent" for Customer.
17. 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, ling of petition(s) and/or protests, etc.
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 specically 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. No Modication or Amendment Unless Written.
These terms and conditions of service may only be modied, 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.
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 eect.
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 California without giving consideration to principles of conict of law. All disputes
arising hereunder shall be resolved at Pima County, Arizona and at no other place.
Customer and Company
(a) irrevocably consent to the jurisdiction of the State and Federal courts located in the County of Pima, State of Arizona.
(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.
I have read and agree to the contents of this page. Initial here __________
Multimodal Waybill Contract of Carriage
I have read and agree to the contents of this page. Initial here __________
1. In this contract and the Notices appearing hereon:
-CARRIER includes the 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 dened by the international Monetary Fund.
-WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of
carriage: the Convention for the Unication 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 Unication of Certain Rules for International
Carriage by Air, done at Montreal on 28 May 1999.
2./2.1 International air carriage is subject to the rules relating to liability established by the Warsaw
Convention or the Montreal Convention unless such carriage is not "international carriage" as dened
by the applicable Conventions.
2.2 To the extent not in conict with the foregoing, carriage and other related services performed by
each Carrier are subject to:
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 taris of such
Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales
oces 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:
22.214.171.124 limits on the Carrier's liability for loss, damage or delay of goods, including fragile or perishable goods;
126.96.36.199 claims restrictions, including time periods within which shippers or consignees must le a claim
or bring an action against the Carrier for its acts or omissions, or those of its agents;
188.8.131.52 rights, if any, of the Carrier to change the terms of the contract;
184.108.40.206 rules about Carrier's right to refuse to carry;
220.127.116.11 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 ingle operation.
4./4.1 For carriage to which neither the Warsaw Convention nor the Montreal Convention applies, Carrier's
liability limitation shall not be less than the limit set out in these general conditions of carriage for cargo
lost, damaged or delayed, provided that any such limitation of liability in an amount less than 17 SDR
per kilogram will not apply during periods of international air carriage to or from the United States.
4.2 During all periods of inland or domestic transportation, Carrier's liability shall be limited in accordance
with applicable national law or convention, and such limitations of liability shall in no event be considered
altered or increased by this contract. Where permissible under applicable national law or convention,
Carrier's liability during all periods of inland or domestic transportation shall be limited to USD 0.50
(fty cents) per pound. For periods of inland or domestic transportation in the United States, and for good
and sucient consideration acknowledged hereby, shipper and consignee expressly agree to a WAIVER
as dened under 49 U.S.C. section 14101(b), of Carrier's general liability and the minimum periods for the
ling of claims and civil actions, as dened under 49 U.S.C. section 14706(a) (1) and (e)(1), and any
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
tari, 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 forth in its general conditions of carriage and applicable taris,
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 dened 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, 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 aected 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 limitation of 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, taris
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 authorised 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
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 the latest within 14 days
from the date of receipt of the cargo, subject to 4.3.;
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, subject to 4.3.
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 not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier,
subject to 4.3.
10.1.4 in the case of claims arising from any period of inland or domestic transportation, issues of timely notice of
claim and time for suit are governed in accordance with applicable national law or convention, and such time limits
shall in no event be considered altered or extended by this contract. Under all circumstances relative to transportation
subject to paragraph 4.2, any rights and/or claims against Carrier shall be extinguished unless notice is given within
120 days from the date of delivery or intended delivery (30 days in the event of concealed damage) and an action is
brought within two years from the date written notice is given that carrier has disallowed the claim in whole or in part.
10.2 Such complaint may be made to the Carrier whose air waybill was used, or to the rst 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 specied in 4.3 or 10.1, respectively, 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, subject to 4.3.
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 authority to alter, modify or waive any provisions of this contract.
13. Shipper, consignee, and bill-to party are jointly and severally liable for all charges related to this shipment.
Charges may be reversed to the responsible parties if shipment is refused or payment is not made by the original
bill-to party. Carrier maintains its right to lien cargo for all advances, claims, costs, freight charges, duties, taxes,
demurrage, money due and payable to the Carrier in accordance with applicable national law or convention.
14. Where permissible under controlling national law or convention, Carrier, shipper and consignee agree that all
claims or disputes hereunder shall be determined exclusively in the State and Federal courts located in the County of
Pima, State of Arizona. Carrier, shipper and consignee each agree to submit to personal jurisdiction in said courts.
15. If any clause or a part thereof is held to be invalid, the validity of this air waybill and the remaining clauses or a part
thereof shall not be aected.
NOTICE OF LIMITATION OF LIABILITY: If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and in most cases
limit the liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the applicable regime, and unless a higher value is declared, liability of the Carrier may be limited to USD 0.50 (fty cents) per pound,
17 Special Drawing Rights per kilogram or 250 French gold francs per kilogram, converted into national currency under applicable law.
TERMS & CONDITIONS OF SERVICE
summary of terms & Conditions
By downloading this PDF document on this website, you accept and agree to our terms and conditions. The main terms of the licence in the terms and conditions are listed above as well as included in the PDF Document..
Website terms and conditions
Our website terms and conditions has been designed for use for most typical shippers and brokers. These terms and conditions include, amongst other things, specifying the agreement as a carrier handles shipments and payment for services rendered, a disclaimer of liability, a statutory disclosures section and rules for any claims that may arrise. This verbage is just a disclaimer.