EFTA00525335.pdf

CUSTOMS POWER OF ATTORNEY And Acknowledgement of Terms and Conditions D Individual Tax I.D. Number o Partnership o Corporation State of Incorporation o Sole Proprietorship o Limited Liability Company KNOW ALL MEN BY THESE PRESENTS: That. 4 doing business as a 4 under the laws of the State of 4 . residing or having a principal place of business at 4 hereby constitutes and appoints IBC Customs Brokerage. its officers. employees and/or specifically authorized agents to act for and on its behalf as true and lawful agent and attorney of the grantor for and in the name, place and stead of said grantor. from this date, in the United States (the "territory") either in writing, electronically. or by other authorized means, to: Make, endorse, sign. declare, or swear to any customs entry. withdrawal, declaration, certificate, bill of lading. carnet or any other documents required by law or regulation in connection with the importation. exportation. transportation, of any merchandise in or through the customs territory. shipped or consigned by or to said grantor: Perform any act or condition which may be required by law or regulation in connection with such merchandise deliverable to said grantor: to receive any merchandise: Make endorsements on bills of lading conferring authority to transfer title, make entry or collect drawback: and make. sign. declare or swear to any statement or certificated required by law or regulation for drawback purposes. regardless of whether such document is intended for filing with Customs: Sign. seal, and deliver for and as the act of said grantor any bond required by law or regulation in connection with the entry or withdrawal of imported merchandise or merchandise exported with or without benefit of drawback, or in connection with the entry. clearance, lading. unlading or navigation of any vessel or other means of conveyance owned or operated by said grantor. and any and all bonds which may be voluntarily given and accepted under applicable laws and regulations. consignee's and owner's declarations provided for in section 485. Tariff Act of 1930. as amended, or affidavits or statements in connection with the entry of merchandise: Sign and swear to any document and perform any act that may be necessary or required by law or regulation in connection with the entering. clearing, lading. unlading. or operation of any vessel or other means of conveyance owned or operated by said grantor: Authorized other Customs Brokers duly licensed within the territory to act as grantor's agent: to receive, endorse and collect checks issued for Customs duty refunds in grantor's name drawn on the Treasurer of the United States: if the grantor is a nonresident of the United States, to accept service of process on behalf of the grantor: And generally to transact Customs business, including filing of claims or protests under section 514 of the Tariff Act of 1930. or pursuant to other laws of the territories, in which said grantor is or may be concerned or interested and which may properly be transacted or performed by an agent and attorney: Giving to said agent and attorney full power and authority to do anything whatever requisite and necessary to be done in the premises as fully as said grantor could do if present and acting. hereby ratifying and confirming all that the said agent and attorney shall lawfully do by virtue of these presents: This power of attorney to remain full force and effect until revocation in writing is duly given to and received by grantee (if the donor of this power of attorney is a partnership, the said power shall in no case have any force or effect in the United States after the expiration 2 years from the dates of its execution): Appointment as Forwarding Agent: Grantor authorizes the above Grantee to act within the territory as lawful agent and sign or endorse export documents (i.e., commercial invoices. bill of lading. insurance certificates, drafts and any other document) necessary for the completion of an export on the grantor's behalf as may be required under law and regulation in the territory and to appoint forwarding agents n grantor's behalf: Grantor acknowledges receipt of 4 Tenors and Conditions of Service governing all transactions between the Parties. If the Grantor is a Limited Liability Company. the signatory certifies that he/she has full authority to execute this power on behalf of the Grantor. IN WITNESS WHEREOF. the said 4 Caused these presents to be sealed and signed: (Signature) I (Capacity) 4 Date: 4 Witness: (if required) If you are the importer of record. payment to the broker will not relieve you of the liability for U.S. Customs charges (duties, taxes or other debts owed Customs) in the event the charges are not paid by the broker. Therefore, if you pay by check. Customs charges may be paid with a separate check payable to "Bureau of Customs and Border Protection" which shall be delivered to Customs by the broker. Importers who wish to utilize this procedure must contact our office in advance to arrange timely receipt of duty checks. EFTA00525335  INDIVIDUAL OR PARTNERSHIP CERTIFICATION CITY COUNTY: SS: STATE: On this day of 20 . personally appeared before me residing at . personally known or sufficiently identified to me. who certifies that (is) (are) the individuals(s) who executed the foregoing instrument and acknowledge it to be free act and deed. (Notary Public) CORPORATE CERTIFICATION (To be made by an officer of other than the one who executes the power of attorney) I. . certify that I am the of organized under the laws of the State of that who signed this power of attorney on behalf of the donor, is the of the said corporation: and that said power of attorney was duly signed. and attested for and in behalf of said corporation by authority of its governing body as the same appears in a resolution of the Board of Directors passed at a regular meeting held on the day of 20 now in my possession or custody. I further certify that the resolution is in accordance with the articles of incorporation and bylaws of said corporation and was executed in accordance with the laws of the State or Country of Incorporation. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of said corporation. at the City of this day of . 20 . SIGNATURE DATE EFTA00525336  TERMS AND CONDITIONS OF SERVICE These terms and conditions of service constitute a legally binding contact between the "Company" and the "Customer". In the mem the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions set forth in such other docutrent(s) shall govern those services. I. Definitions. fat "Company" shall mean IBC Customs Brokerage. Inc.. its subsidiaries. related companies. agents and/or representatives: lb) "Customer" shall mean the person for which the Company is rendering servioe, as well as its agents and/or representatives. including. hut not limited to, shippers. importers. exporters. canien. secured parties. warehousemen. buyers and/or sellers, shipper's agents. insurers and indenvriters. break'bulk agents. consignees. etc. It is the responsibility of the Customer to provide notice and copy(s) of there terns and conditions of service to oll such agents or representatives: Co "Documentation- shall mean all information received directly de indirectly from Customer. whether in paper or electronic form: (d)"Ocom Transportation Intermediaries" ("OTI" it shall include an "ocean freight f awarder- and a "non.vessel operating carrier; "Thiel parties" shall include. Iwo not be limited to. the following: "carriers. truckmen. carmen, lightennen. fonvarders. Oils customs brokers. agents. warehousemen and others to which the goods are cottoned foe transportation. cartage. handling and/or deliveryand/or storage or otherwise". 2. Company as steal. The Company JOY 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 expert documentation on behalf of the Customer and other dealings with Government Agencies, as to all other services. Company acts as an independent commun. 3. Limitation of Actions. (at Unless subject to a specific ante 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 mainst Company must be filed and properly served on Company as follows: (i) For claims arising out of ocean transponation. within one II) year from the date of the loss: (iii For claims amine out of air transponatoon. within two (2i man from the date of the loss: finis For claims arising out of the preparation and/or submission of an import entry0), within seventy fleet-75) days from the date of liquidationof the eraryisk (iv) For any and all other claims of any other type. within two (2) years from the date of the loss or damage. 4. No Liability For The Selection or Servkes of Third Potties and/or Routes. Unless services are performed by persons or (urns engaged pursuant to express written instructions from the Customer. Company shall use reasonable care in its selection of thud parties, or in selecting the means, route and pm:educe 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 seniors 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 foe any animists; andlor ituctionts) of such third panics and/or its agents, and shall no be liable foe any delay or kiss of any kind. which cycurs wink a shipment it in the custody de control of a thud party or the agent of a third party: all claims in connection with the Act of a third pang shall be brought solely against such party and/or as agents: in connection with any such claim, the Company shall reasonably cooperate with the Customer. which shall be liable for any charges oe costs incurred by the Company. 5. Quotations Not Binding. Quotations as to fees, rates of duty, freight chums. insurance premiums or other charges given by the Company to the Customer are for informational pm-poses only and are subject to change without nonce. 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 is amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer 6. Reliance On Information Furnished. (at Customer acknov.kdges that it as required to review all documents and declarations prepared and/or filed with the Customs Service, ether Government Agency and/ec third parties, and will immediately advise the Company of any errors. discrepancies. incorrect statements, or omissions on any declaration filed onnotaries" behalf: lb) In preparing and submitting customs entries. export declarations. applications. documentation and/or export data to the United States and/or a thud party. the Company relies on the correctness of all documentation. whether in wnuen or electronic format, and all information furnished by Customer. Customer shall use reasonable ore to insure the correctness Mae such information and shall indemnify and hold the Company harmless from any and all chum asserted and/or liability or leases suffered 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 affirmative non-delegable duty to disclose any and all information required to import. export oe enter the goods. 7. Declining Iligher Value To Third Parties. Third parties to whom the goods art entrusted may limit liability for lows oe 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's discretion, the goads may be tendered to the third party. subject to the terms of the thud party's limitations of liability and/or terms and cm-minions of senior. & Insurance, Unless requested to do so in wrung and confirmed to Customer in writing. Company is under no obligation to procure insurance en Customer's behalf: in all cues. Customer shall pay all premiums and coal in connection with pouring requested insurance. t Disclaimers: Limitation of liability. (a) Except a. specifically set forth berm. Company snakes no express or implied warranties in connection with its services: (b) Subject to to 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 Customers goods. and the Company shall in no event be liable for the acts of third pJlties. (OMconnection with all services performed by the Company. Customer may obtain additional liability coverage. uptothe actual or declared value of the shipment is transaction, by requesting such coverage and agreeing to make payment therefore. which request must be confirmed in writing by the Company poor to rendering services for the covered transactions). My In the absence of additional coverage under (hi 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. S50.00 per shipment or transaction. (tit where the Claim arises from activities relating to -Customs business.- S50.00 per entry or the amount of brokerage fees paid toCompany for the entry, whichever is less: lei In no clew shall Company be liable or responsible for consequential. indirect. incidental. statutory or punitive damages even ifs has been put on notice of the possibility of suchdamages. 10. Advancing Morey. All charges mum 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. II. lodemnificmiooff fold Harmless. The Customer agrees to indemnify, defend and hold the Company harmless from any claims andlor liability arising from the importation or expectation of Customers 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. lose. damages. cons. claims and/or expenses. including but not limited to reasonable attorney's feet. %filch the Company may hereafter incur, suffer or be required to pay by reason of such claims. in the event that any claim. Mat or proceeding is brought against the Company. it shall give notice in writing to the Customer by mail at as address on file with the Company. 12. C.O.D. or Csth.Collect Shipments Company shall use reasonable care regarding written instructions relating to "Cash/Collect on Delivery (CO Of shipments. bank drafts, cashier's and/or certified checks, lettens) 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. U. Costs of Collection. In any dispute involving monies owed to Company. the Company shall be entitled to all costs of collection, including reasonable attorneys fees and interest at 155 per annum or the highest rate allowed by law. whichever as less, unless a lower amount is agreed to by Company. Ia. General Lien sod 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 ec constructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipmentlst 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 ongoing storage ec other charges: Customer shall notify a0 parties having an interns in its shipment(%) of Company's rights and/or the exercise of such lien. lc! Unless, within thirty days of receiving notice of lien, Customer pasts cash or letter of credit at sight. or, if the amount due is in dimute, an acceptable hood equal to Inn, 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 shipmentlst at public de private Sale or auction and any net proceeds remaining thereafter shall be refunded to Customer. IS. No Duty To Melanin Records For Customer. Customer acknowledges that pursuant to Sections 50S and 5(19 of the Tariff Act, as amended. 119 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 Stales. unless otherwise agreed to in writing, the Company shall only keep such records that it is required to maintain by Statotetsl and,m Regulus:ask but not act as a "recordkeeper" or -recordkeeping agent" for Customer. 16. Obtoining Binding Rulings. Filing Protests. etc. Unless requested by Customer in writing and agreed 16 by Company in %rum& Company shall be under no obligati:0 to undertake any pee. or post Customs release action. including. but nor limited to. obtaining binding rulings. advising of liquidations. Filing of petitions) andtor protests. etc. 17. Preparation and Issuance of Bills of Lading, Where Company prepares and/or issues a bell of lading. Company shall be under no obligation to specify thereon the number of pieces. packages and/or canons. etc.. unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for )4111e. Company shall rely upon and use the cargo weight supplied byCustomer. 18. No Modification or Amendment Unless Written. These terms and conditions of senior may only be modified. altered on am ended in writing signed by bah 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 all its services shall be included with and is in addition to the rates and charges of allcaters and all cite agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage. commissions, dividends. on other revenue received by the Company from carriers. insufas, and others in connections with the shipment. On ocean expects. upon request. the Company shal/ provide a detailed breakout of the conmonenis of all charges assessed and a rue 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. Set erability. In the event any ParagraphislaneVor portents) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain at full force and effect. II. Governing Law; Consent to Jurisdiction and Venue, These ICIMY and conditions of service and the relationship of the pones shall be construed according to the laws of the State of Suit without giving consideration to principals of conflict of law. Customer and Company (at irrevocably consent to the jurisdiction of the United Stows DigliClCoun and the Suit courts of New York: lb) agree that any action relating to the services performed by Company, shall only be brought in said courts. tot consent to the exercise of in persons jurisdiction by said courts over it. and thy further agree that any action toenforce a judgment maybe instituted in any junsaction Copyrighted by the Notional Customs Brokers and Forwarders Association of America 'Revised04/001 EFTA00525337