Terms & Conditions
Part 1 – Terms & Conditions
According to the terms of this agreement and in consideration of services provided and fees charged, the “Customer” engages Point Global Logistics LLC (“Point”) as its agent to arrange transportation services and to provide logistics advice. These services include but are not limited to: preparing and/or processing export declarations; providing and/or arranging Customs brokerage services; booking, arranging for or confirming cargo space; preparing and/or processing delivery orders or dock receipts; preparing and/or processing bills of lading; arranging for and/or providing crating, packing, unpacking and warehouse storage; arranging for cargo insurance; handling freight or other monies advanced by shippers, or remitting or advancing freight or other monies or credit in connection with the dispatching of shipments; and giving advice concerning letters of credit, licenses or inspections, or other documents or issues relating to the dispatch of cargo.
Customer understands that Point is not a carrier, but that Point will use its best efforts to select and engage responsible carriers, warehouseman and other transportation intermediaries on behalf of the Customer. Customer understands that the terms and conditions of the storage receipts of warehouseman and contracts of carriage of the water, air or ground carriers which Point retains will apply to Customer as if Customer had entered into those contracts itself. Under some circumstances, Point may provide warehouse service, ocean carriage in its capacity as a Non-Vessel Operating Common Carrier, or air carriage in its capacity as an Indirect Air Carrier. In such instance, the terms of Point warehouse receipt or bill of lading will apply as if it had been issued to the Customer.
Customer shall comply with all applicable laws and government regulations of any country to, from, through or over which its goods may be carried, including those relating to the packing, carriage, or delivery of the goods, and shall furnish such information to Point as may be necessary to comply with such laws and regulations. Shipments covered by these terms and conditions are prohibited if diverted contrary to U.S. law. Customer warrants that the goods are properly marked, addressed, and packaged to withstand any contemplated method of transport. Customer, or such person or entity that originates and tenders goods for handling or transport, hereby consents to an inspection of the cargo.
1A) LIMITATION OF LIABILITY FOR LOSS, DAMAGE OR DELAY
Point will not be liable for any loss, delay or damage to goods caused by a carrier or warehouse. Point will assert a claim for loss, damage, or delay against the carrier or warehouse on behalf of Customer, but the recovery on such claims will, in nearly every case, be limited by the terms of the underlying contracts of carriage or storage. For truck transportation, warehousing and domestic air transportation, liability for damage is typically limited to $0.50 per pound or $40 per article, whichever is less. In international air transportation damage is typically limited to 19 Special Drawing Rights per kilogram. For carriage by water damage is typically limited to $500 per package or customary freight unit. Point will not be liable for any loss, delay or damage to goods caused by acts of God, public authorities, strikes, labor disputes, weather, mechanical failures, civil commotion, acts of terrorism, hazards incident to a state of war, acts or omissions of customs, or defects in the goods being shipped. Point will not be liable for any punitive or exemplary damages nor any special, incidental or consequential damages including lost income, profits, interest, or loss of market, whether or not Point had knowledge that such damages might be incurred.
UNLESS OTHERWISE SPECIFIED, IT SHALL BE PRESUMED THAT THE VALUE OF THE CUSTOMER’S GOODS NOT EXCEED $0.50 PER POUND OR $40.00 PER ARTICLE. WHICHEVER IS ELSE, AND CUSTOMER AGREES THAT POINT’S LIABILITY FOR ANY LOSS, DAMAGE, OR DELAY TO THE GOODS RESULTING FROM POINT’S NEGLIGENCE OR OTHER FAULT, IF ANY, WILL BE LIMITED BY THIS PRESUMPTION. CUSTOMER HAS THE OPTION OF PAYING SPECIAL COMPENSATION TO PROCURE INSURANCE COVERAGE FOR PHYSICAL LOSS OR DAMAGE IN EXCESS OF THESE LIMITS. CUSTOMER IS ENCOURAGED TO PURCHASE FREIGHT INSURANCE OR TO INSTRUCT POINT TO PURCHASE FREIGHT INSURANCE ON ITS BEHALF IF THE AFORESAID LIMITATIONS POSE UNACCEPTABLE RISKS TO THE CUSTOMER. POINT WILL ONLY HONOR INSURANCE CLAIMS WHEN A PREMIUM IS CHARGED ON AN INVOICE AND COLLECTED BY POINT FOR THE SHIPMENT IN WHICH THE CLAIM OCCURED.
1B) SERVICE FEES DO NOT INCLUDE CARGO INSURANCE UNLESS REQUESTED (PREMIUM PAID); DECLARATION OF VALUE FOR INSURANCE PURPOSES
Point fees and charges may include the cost of insurance covering physical loss or damage with a deductible of 5% of shipment value, minimum $750.00. This insurance will be procured by POINT, when requested in writing by and for the benefit of Customer. However, Customer understands that Point may decline Customer’s request to procure insurance. Customer agrees, in those instances in which Point accepts Customer’s request to procure insurance, to pay additional compensation in order to procure insurance in excess of Point’s limit of liability for physical loss or damage to the actual replacement value of the goods and understands that failure to pay insurance fees shall result in the loss of coverage. Customer shall inform Point in writing of the commercial invoice CIF value of each shipment it wishes to insure; failure of Customer to so advise Point shall result in there being no insurance coverage procured.
1C) CUSTOMER WARRANTIES; INSPECTION OF SHIPMENTS
Customer warrants that it shall not tender to Point any shipment containing explosives, destructive devices or hazardous material for transport, handling or storage. Customer warrants that it shall consider all Customer Supply Chain Security Recommendations and Guidelines issued by Point. Customer agrees that Point is allowed to inspect, through physical or any other means, any shipment tendered to Point for transport, handling or storage, including shipments in sealed packaging. Point has the right to reject, and return to Customer at Customer’s expense, any shipment tendered to it in violation of the Customer’s warranties as set forth herein. Customer shall make no claim nor bring suit against Point or any person or entity acting on behalf of Point arising from an inspection. Customer shall hold harmless Point from and shall defend and indemnify Point against any damage, loss, claim or suit arising from any breach of the Customer’s warranties as set forth herein.
1D) PROMPT NOTICE OF LOSS, DELAY OR DAMAGE REQUIRED
Customer agrees to inspect its shipment upon delivery and to give prompt notice of any loss or damage within 3 days of delivery for ocean shipments and within 5 days of delivery for air or ground shipments. Any oral notice of claim must be followed by written notice of claim. Customer agrees that Point will not be held responsible for any loss or damage if written notice of damage is not provided to Point within 10 days of delivery or in the event of loss within 15 days of when the goods should have been delivered. Customer agrees to monitor its shipment and to immediately give notice in writing to Point of any delay. Any notice of delay must be made in writing no later than 5 days after the Customer’s anticipated date of delivery. Customer agrees that notification of delay does not invalidate Point limitation of liability set forth in paragraph 1A above.
1E) PAYMENT OF INVOICES REQUIRED BEFORE CONSIDERATION OF CLAIMS
Customer agrees that Point has no obligation to consider claims, or to prosecute such claims against carriers or warehousemen on behalf of Customer if Customer has not paid Point’s invoices.
1F) POINT GIVEN A LIEN ON INSURANCE PROCEEDS
Customer agrees that Point shall have a lien in the amount of any unpaid invoices on any insurance proceeds issuing as a result loss, delay or damage to Customer’s cargo.
1G) CLAIMS EXPIRE AFTER ONE-YEAR
Any suit brought against Point must be commenced within one year of the date of this agreement or after completion of the services performed, whichever is later. In the event of delay or non-delivery, the scheduled delivery date shall be deemed as the day on which services were completed for purposes of computing the one year time limit.
PART 2 – PAYMENT TERMS AND CREDIT AGREEMENT PART
2A) PAYMENT GUARANTEED BY CUSTOMER
Customer guarantees payment for all services rendered and carriage arranged by Point on Customer’s behalf, no matter what person ordered the services or benefited there from.
2B) CUSTOMER BEARS RISK OF CURRENCY FLUCTUATIONS AND THIRD PARTY PRICING CHANGES
Estimates of service charges may have been given by Point using current exchange rates. Actual charges may differ in accordance with variations in the currency exchange rate and third party pricing at the time service is provided.
2C) SERVICE FEES ACCRUE ON LATE PAYMENTS
Customer agrees to pay Point invoices within 10 days from the date of issuance. For any payments not received within ten days, Customer agrees that Point will be entitled to a late fee of 1.5% of the outstanding amount for each month or fraction thereof from the invoice date.
2D) POINT ENTITLED TO ATTORNEY FEES INCURRED IN COLLECTION
Customer agrees to pay Point attorney fees, costs and other expenses incurred in the event this account requires that an attorney be engaged for purposes of collection.
2E) POINT GIVEN A LIEN ON GOODS FOR UNPAID CHARGES
The Customer and the consignee or holder of or assignee on any bill of lading shall be jointly and severally liable for all unpaid charges for services provided under this agreement. When Point is instructed to collect charges from any person or entity other than the Customer, the Customer shall remain liable for the charges and interest if Point is not paid. POINT SHALL HAVE A LIEN ON ANY GOODS SHIPPED UNDER THIS AGREEMENT FOR FAILURE TO PAY CHARGES ON BOTH CURRENT AND PRIOR SHIPMENTS, REGARDLESS OF CREDIT ARRANGEMENTS, OWED BY THE CUSTOMER OR CONSIGNEE OR HOLDER OF OR ASSIGNEE ON ANY BILL OF LADING. CUSTOMER AGREES THAT POINT’S LIEN CONTINUES IN EFFECT AFTER THE GOODS ARE DELIVERED AND UNTIL ALL CHARGES ARE PAID. Customer agrees to sign any notice of a security interest whether in the form of a UCC-1 or other form requested by Point. Customer appoints Point as its attorney-in- fact to sign any such notice on Customer’s behalf in the event Customer fails to sign it immediately upon Point’s request.
2F) PERMISSION TO RECEIVE CREDIT INFORMATION
Customer authorizes Point to obtain Credit Reports on Customer listed below or to obtain credit and funding information from Customer’s bank, or other persons or entities listed as references below. It is understood that any such credit information will be held in strict confidence and used only for Point’s business purposes. Customer further agrees to supply such additional information as may be required by Point to warrant future extensions of credit or to enable Point to perfect liens or to cover upon any bond issued.
2G) DUTIES AND TAXES 01/15/2013 POINT GLOBAL LOGISTICS TERMS AND CONDITIONS OF SERVICE
Customer acknowledges that Customer is solely responsible for collecting, reporting, and payment of any and sales taxes, use taxes, excise taxes, Customs duties, and all other assessments on Customer’s goods, regardless of the role(s) undertaken by Point on behalf of Customer, as required by applicable laws or as imposed by any governmental authorities. In the event a governmental authority imposes a tax, Customs duty or other assessment against Point regarding Customer’s goods, Customer shall promptly acknowledge Customer’s obligation hereunder to the governmental authority and shall defend and indemnify Point against such action and assessment.
PART 3 – SPECIAL POWER OF ATTORNEY
In addition to the general customs power of attorney attached also executed, Customer specifically grants the following power of attorney: POWER OF ATTORNEY GRANTED BY CUSTOMER AS U.S. PRINCIPAL IN INTEREST TO AUTHORIZED AGENT FOR EXPORT SHIPMENTS – Know all persons by these presents, that Customer is the U.S. Principal Party in Interest organized and doing business under the laws of the U.S. hereby authorizes Point Global Logistics to act for and on its behalf as a true and lawful agent and attorney of the U.S. Principal Party in Interest (USPPI) for, and in the name, place, and stead of the USPPI, from this date, in the U.S. in writing, electronically, or by other means implied or verbal to: act as authorized agent for export control, U.S. Census Bureau reporting, and U.S. Customs and Border Protection purposes; also, to prepare and transmit any Electronic Export Information (EEI) or other documents or records required to be filled by the U.S. Census Bureau, U.S. Customs and Border Protection, U.S. Department Commerce-Bureau of Industry and Security, or any other U.S. Government agency, and perform any other act that may be required by law or regulation in connection with the exportation or transportation of any goods shipped or consigned by or to the USPPI, and to receive or ship any goods on behalf of the USPPI. The USPPI hereby certifies that all statements and information contained in the documentation provided to the authorized agent and relating to exportation is and will be true and correct. The USPPI understands that civil and criminal penalties may be imposed for making false and fraudulent statements or for the violation of any U.S. laws or regulations on exportation. Customer shall hold harmless Point from and shall defend and indemnify Point against any action or assessment by a governmental authority arising from any breach by Customer of Customer’s export compliance obligations. This power of attorney is to remain in full force and effect until revocation in writing is duly given by the USPPI and received by the authorized agent.
PART 4 – TERM OF AGREEMENT AND TERMINATION; LEGAL JURISDICTION
4A) TERM OF AGREEMENT AND TERMINATION
This Agreement shall be effective upon commencement of engagement and shall remain in effect until canceled by either party upon thirty days written notice to the other party, or upon breach of the agreement by Customer for failure to pay Point’s fees. Customer understands that the terms and conditions under which Point’s services are provided are subject to change. Customer is advised to take note of the most current terms and conditions which are posted on Point’s web site and which are also available to Customer upon request.
4B) Applicable Law & Forum Selection
To the extent not governed by applicable federal statutes, the laws of the state of North Carolina shall govern the validity, construction and performance of this Agreement and all controversies and claims arising hereunder. Customer agrees that the forum for any litigation arising out of the performance of this Agreement, whether initiated by the Customer or Point, shall be Asheville, North Carolina.
4C) THIS FORM IS THE ENTIRE AGREEMENT AND SUPERSEDES CONTRARY ORDERS
These terms comprise the entire agreement between Customer and Point. If the terms of this Agreement differ in any material way from the terms of Customer’s order or other documents issued to Point, the terms of this Agreement shall take precedence over the terms of any such order or documents.