Export – NCBFAA Terms & Conditions of Service

Export - NCBFAA Terms & Conditions of Service

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  • NCBFAA 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 document(s) shall govern those services.

    1. Definitions.
    "Company" shall mean FUTURE FORWARDING COMPANY, its subsidiaries, related companies, agents and/or representatives;

    (a) "Customer" shall mean the person for which the Company is rendering service, as well as its principals, 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;

    (b) "Documentation" shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;

    (c) "Ocean Transportation Intermediaries" ("OTI") shall include an "ocean freight forwarder" and a "non-vessel operating carrier";

    (d) "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, or for arranging for transportation services, both domestically and internationally, or other logistics services in any capacity other than as a carrier.

    3. Limitation of Actions.
    (a) Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss, must be made in writing and received by the Company, within 90 days of the event giving rise to claim; the failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer.

    (b) All suits against Company must be filed and properly served on Company as follows:

    (i) For claims arising out of ocean transportation, within 1 year from the date of the loss;

    (ii) For claims arising out of brokering domestic motor carrier transportation, within 60 days from the date of loss;

    (iii) For claims arising out of air transportation, within 1year from the date of the loss;

    (iv) For claims arising out of the preparation and/or submission of an import entry(s), within 60 days from the date of liquidation of the entry(s);

    (v) For any and all other claims of any other type, within 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 firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any actions(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.

    5. Quotations Not Binding.
    Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change