Terms and Conditions
All freight forwarding
shipping services provided by La Levantine Daher&Cie sarl. (hereinafter "La Levantine") to the "Customer", whether the Customer is a manufacturer, distributor, exporter, importer, sender, consignor, consignee, transferor, or transferee of the shipment, will be subject to the terms and conditions set forth herein.
1. Third Party ServicesUnless La Levantine carries, stores or otherwise physically handles the shipment, and loss, damage, expense or delay occurs during such activity, La Levantine assumes no liability as a carrier and is not to be held responsible for any loss, damage, expense or delay to the goods to be forwarded or imported except as provided in paragraph 8 and subject to the limitations of paragraph 9 below, but undertakes only to use reasonable care in the selection of carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others to whom it may entrust the goods for transportation, cartage, handling and
or delivery and
or storage or otherwise. When La Levantine carries, stores or otherwise physically handles the shipment, it does so subject to the limitations of paragraph 8 below, unless a separate bill of lading, air waybill, or other contract of carriage is issued by La Levantine, in which events the terms thereof shall govern.
2. Liability For Acts or Omissions of Third PartiesLa Levantine is authorized to select and engage carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others, as required, to transport, store, deal with and deliver the goods, all of whom shall be considered the agents of the Customer, and the goods may be entrusted to such agencies subject to all conditions as to limitations of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in bills of lading, receipts or tariffs issued by such carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen, and others. La Levantine shall under no circumstances be liable for any loss, damage, expense or delay to the goods for any reason whatsoever when said goods are in the custody, possession or control of third parties selected by La Levantine to forward, enter, clear, transport or render other services with respect to such goods.
3. Choosing Routes or AgentsUnless express instructions in writing are received from the Customer, La Levantine has complete freedom in choosing the means, route and procedure to be followed in the handling, transportation and delivery of the goods. Advice by La Levantine to the Customer that a particular person or firm has been selected to render services with respect to the goods shall not be construed to mean that La Levantine warrants or represents that such person or firm will render such service. All terms of delivery shall be based upon INCOTERMS® 2010 unless otherwise specifically noted or implied through the use of a term not defined in INCOTERMS® 2010.
4. Quotations Not BindingQuotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by La Levantine to the Customer are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon La Levantine unless La Levantine in writing specifically undertakes the handling or transportation of the shipment at a specific rate.
5. Duty to Furnish Information(a) On an import, at a reasonable time prior to entering of the goods for U.S. Customs, the Customer shall furnish to La Levantine invoices in proper form and other documents necessary or useful in the preparation of the U.S. Customs entry and, also, such further information as may be sufficient to establish, inter alia, the dutiable value, the classification, the country of origin, the genuineness of the merchandise and any mark or symbol associated with it, the Customer's right to import and
or distribute the merchandise, and the merchandise's admissibility, pursuant to U.S. law or regulation. If the Customer fails in a timely manner to furnish such information or documents, in whole or in part, as may be required to complete U.S. Customs entry or comply with U.S. laws or regulations, or if the information or documents furnished are inaccurate or incomplete, La Levantine shall be obligated only to use its best judgment in connection with the shipment and in no instance shall be charged with knowledge by the Customer of the true circumstances to which such inaccurate, incomplete or omitted information or document pertains. Where a bond is required by U.S. Customs to be given for the production of any document or the performance of any act, the Customer shall be deemed bound by the terms of the bond notwithstanding the fact that the bond has been executed by La Levantine as principal, it being understood that La Levantine entered into such undertaking at the instance and on behalf of the Customer, and the Customer shall indemnify and hold La Levantine harmless for the consequences of any breach of the terms of the bond. (b) On an export, at a reasonable time prior to the exportation of the shipment, the Customer shall furnish to La Levantine the commercial invoice in proper form and number, a proper consular declaration, weights, measures, values and other information in the language of and as may be required by the laws and regulations of the U.S. and the country of destination of the goods. (c) On an export or import, La Levantine shall not in any way be responsible or liable for increased duty, penalty, fine or expense unless caused by the negligence or other fault of La Levantine, in which event its liability to the Customer shall be governed by the provisions of paragraphs 8-10 below. The Customer shall be bound by and warrant the accuracy of all invoices, documents and information furnished to La Levantine by the Customer or its agents for export, entry or other purposes and the Customer agrees to indemnify and hold harmless La Levantine against any increased duty, penalty, fine or expense including attorneys' fees, resulting from any inaccuracy, incomplete statement, omission or any failure to make timely presentation, even if not due to any negligence of the Customer.
6. Declaring Higher ValuationInasmuch as truckers, carriers, warehousemen and others to whom the goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charged based on such higher value is agreed to by said trucker, etc., La Levantine must receive specific written instructions from the Customer to pay such higher charge based on valuation and the truckers, etc., must accept such higher declared value; otherwise the valuation placed by the Customer on the goods shall be considered solely for export or customs purposes and the goods will be delivered to the truckers etc., subject to the limit of liability set forth herein in paragraphs 8-9 below with respect to any claim against La Levantine and subject to the provisions of paragraph 2 above.
7. InsuranceLa Levantine will make reasonable efforts to effect marine, theft and other insurance upon the goods only after specific written instructions have been received by La Levantine from the Customer in such sufficient time prior to the shipment from the point of origin, and at the same time the written instructions from the Customer specifically states the kind and amount of insurance to be placed. La Levantine does not undertake or warrant that such insurance can or will be placed. Unless the Customer has its own open marine policy and instructs La Levantine to effect insurance under such policy, insurance is to be effected with one or more insurance companies or other underwriters to be selected by La Levantine. Any insurance placed shall be governed by the certificate or policy issued and will only be effective when accepted by such insurance companies or other underwriters. Should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and La Levantine shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rates as that charged or paid to La Levantine by the Customer, or that the shipment was insured under a policy in the name of La Levantine. Insurance premiums and the charge of La Levantine for arranging the same shall be at the Customer's expense. If for any reason the goods are held in warehouse, or elsewhere, the same will not be covered under any insurance, unless La Levantine receives written instructions from the Customer. Unless specifically agreed in writing, La Levantine assumes no responsibility to effect insurance on any export or import shipment which it does not handle.
8. Limitation of Liability for Loss, etc(a) The Customer agrees that La Levantine shall only be liable for any loss, damage expense or delay to the goods resulting from the negligence or other fault of La Levantine; such liability shall be limited to an amount equal to the lesser of fifty ($50) dollars per entry or shipment or the fee(s) charged for the services, provided that, in the case of partial loss, such amount will be adjusted pro rata;
> (b) Where La Levantine issues its own bill of lading and receives freight charges as its compensation, Customer has the option of paying a special compensation and increasing the limit of La Levantine's liability up to the shipment's actual value; however, such option must be exercised by written agreement, entered into prior to any covered transaction(s), setting forth the limit of La Levantine's liability and the compensation received;
> (c) In instances other than in (b) above, unless the Customer makes specific written arrangements with La Levantine to pay special compensation and declare a higher value and La Levantine agrees in writing, liability is limited to the amount set forth in (a) above;
> (d) Customer agrees that La Levantine shall, in no event, be liable for consequential, punitive, statutory or special damages in excess of the monetary limit provided for above.
9. Presenting ClaimsLa Levantine shall not be liable under paragraph 8, or otherwise, for any claims not presented to it in writing within ninety (90) days of either the date of loss or incident giving rise to the claim; no suit to recover for any claim or demand hereunder shall be maintained against La Levantine unless instituted within six (6) months after the presentation of the said claim or such longer period provided for under statute(s) of the State having jurisdiction of the matter.
10. Advancing MoneyLa Levantine shall not be obligated to incur any expense, guarantee any payment or advance any money in connection with the importing, forwarding, transporting, insuring, storing or coopering of the goods, unless the same is previously provided to La Levantine by the Customer on demand. La Levantine shall be under no obligation to advance freight charges, customs duties or taxes on any shipment, nor shall any advance by La Levantine be construed as a waiver of the provisions hereof.
11. Indemnification for Freight & DutiesIn the event that a carrier, other person or any governmental agency makes a claim or institutes legal action against La Levantine for ocean or other freight, duties, fines, penalties, liquidated damages or other money due arising from a shipment of goods of the Customer, the Customer agrees to indemnify and hold harmless La Levantine for any amount La Levantine may be required to pay such carrier, other person or governmental agency together with reasonable expenses, including attorney fees, incurred by La Levantine in connection with defending such claim or legal action and obtaining reimbursement from the Customer. The confiscation or detention of the goods by any governmental authority shall not effect or diminish the liability of the Customer to La Levantine to pay all charges or other money due promptly on demand.
12. C.O.D. ShipmentsGoods received with Customer's or other person's instructions to "Collect on Delivery" (C.O.D.) by drafts or otherwise, or collect to collect on any specified terms by time drafts or otherwise, are accepted by La Levantine only upon the express understanding that it will exercise reasonable care in the selection of a bank, correspondent, carrier or agent to whom it will send such an item for collection, and La Levantine will not be responsible for any act, omission, default, suspension, insolvency or want of care, negligence, or fault of such bank, correspondent, carrier or agent, nor for any delay in remittance lost in exchange, or loss during transmission, or while in the course of collection.
13. General Lien on Any PropertyLa Levantine shall have a general lien on any and all property (and documents relating thereto) to the Customer, in its possession, custody or control or en route, for all claims for charges, expenses or advances incurred by La Levantine in connection with any shipments of the Customer and if any claim remains unsatisfied for thirty (30) days after demand for its payment is made, La Levantine may sell at public auction or private sale, upon ten (10) days written notice registered mail (R.R.R.) to the Customer, the goods, wares and
or merchandise, or so much thereof as may be necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of amount due La Levantine. Any surplus from such sale shall be transmitted to the Customer, and the Customer shall be liable for any deficiency in the sale.
14. Compensation of La LevantineThe compensation of La Levantine for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by La Levantine to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends or other revenue received by La Levantine from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, La Levantine 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 to La Levantine, the Customer shall pay the expenses of collection and
or litigation, including La Levantine's reasonable attorneys' fees.
15. No Responsibility for Governmental RequirementsIt is the responsibility of the Customer to know and comply with the marking requirements of the U.S. Customs Service, the regulations of the U.S. Food and Drug Administration, and all other requirements, including regulations of Federal, state and
or local agencies pertaining to the merchandise. La Levantine shall not be responsible for action taken or fines or penalties assessed by any governmental agency against the shipment because of the failure of the Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency.
16. Indemnity Against Liability Arising From the Importation of MerchandiseThe Customer agrees to indemnify and hold La Levantine harmless from any claims and
or liability arising from the importation of merchandise which violates any Federal, state and
or other laws or regulations and further agrees to indemnify and hold La Levantine harmless against any and all liability, loss, damages, costs, claims and
or expenses, including but not limited to attorney's fees, which La Levantine may hereafter incur, suffer or be required to pay by reason of claims by any government agency or private party. In the event that any action, suit or proceeding is brought against La Levantine by any government agency or private party, La Levantine shall give notice in writing to the Customer by mail at its address on file with La Levantine. Upon receipt of such notice, the Customer, at its own expense, shall defend against such action and take all steps as may be necessary or proper to prevent the obtaining of a judgment and
or order against La Levantine.