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Part 1 Terms and Conditions for Service
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According to the terms of this agreement and in consideration of service fees charged, the
undersigned "Customer" retains Sefco Export Management Company, Inc.
("Sefco") as its agent to arrange transportation services and to provide logistics advice.
These services include but are not limited to preparing and/or arranging for the processing
of export declarations, booking, arranging for confirmed cargo space, preparing or processing delivery orders
or dock receipts, preparing and/or processing bills of lading, arranging for crating, packing and unpacking,
warehouse storage, and 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,
giving advice concerning letters of credit, licenses or inspections, or other documents or issues relating to
the dispatch of cargo.
Customer understands that the terms and conditions under which Sefco'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 Sefco's web site.
Customer understands that Sefco is not a carrier, but that Sefco will use its best efforts to select and engage responsible carriers,
warehousemen 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, road, or air carriers which Sefco retains will apply to Customer
as if Customer had entered into those contracts itself.
The terms of Sefco's designated warehouseman receipt or the select carriers bill of lading
will apply as if they had been issued to the Customer.
Customer is directed to the copies of these documents posted on Secfo's web site.
Under some circumstances Sefco may provide purchasing services
for goods and services in its capacity as an EMC Export Management Company.
The terms of Sefco's order will be presented to the customer by proforma invoice.
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1A) Limitation of Liability for Loss, Damage or Delay
Sefco will not be liable for any loss, delay or damage to goods caused by a carrier.
Sefco will assert a claim for loss, damage, or delay against the carrier 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.
For truck transportation 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 limited to $9.07 per pound.
For carriage by water damage is limited to $ 500 per package or customary freight unit.
Sefco 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.
Sefco will not be liable for any special, incidental or consequential damages including lost income,
profits, interest, or loss of market, whether or not Sefco had knowledge that such damages might be incurred.
UNLESS OTHERWISE SPECIFIED, IT SHALL BE PRESUMED THAT THE VALUE OF CUSTOMER'S GOODS
DOES NOT EXCEED $0.50 PER POUND OR $40 PER ARTICLE, WHICHEVER IS LESS, AND CUSTOMER AGREES THAT
SEFCO'S LIABILITY FOR ANY LOSS, DAMAGE, OR DELAY TO THE
GOODS RESULTING FROM SEFCO'S NEGLIGENCE OR OTHER FAULT, IF ANY, WILL BE LIMITED BY THIS PRESUMPTION.
CUSTOMER HAS THE OPTION OF PAYING SPECIAL COMPENSATION TO INCREASE THE LIABILITY OF SEFCO BEYOND THESE LIMITS BY SPECIFYING THE ACTUAL
CASH VALUE OF THE GOODS IN THE SPACE PROVIDED IN PARAGRAPH 1(C) BELOW.
CUSTOMER IS ENCOURAGED TO PURCHASE FREIGHT INSURANCE OR TO INSTRUCT SEFCO TO PURCHASE FREIGHT INSURANCE ON ITS BEHALF IF THE AFORESAID LIMITATIONS
POSE UNACCEPTABLE RISKS TO THE CUSTOMER.
SEFCO EXPORT MANAGEMENT COMPANY, INC. WILL ONLY HONOR INSURANCE CLAIMS
WHEN A PREMIUM IS CHARGED ON AN INVOICE AND COLLECTED BY SEFCO FOR THE SHIPMENT
IN WHICH THE CLAIM OCCURRED.
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1B) Service Fees Do Not Include Cargo Insurance Unless Requested
(PREMIUM PAID)
Sefco's fees and charges may, as a matter or course, include the cost of insurance
covering property loss or damage with a deductible of 5% of shipment value but not less than $750 or more than $2500.*
A copy of the applicable certificate of insurance is available to Customer posted on Sefco's web site.
(Please note that $2,500 deductible will not apply for shipments valued above $100,000. Sefco reserves
the right to increase deductible, but such increase would be mutually agreed on with shipper).
This insurance will be procured
by Sefco when requested by and for the benefit of Customer. Customer understands that failure
to pay insurance fees may result in the loss of coverage.
I have reviewed the limitations on Sefco's liability for loss, delay and damage to goods moved under this agreement, and
I _______ DO I _______ DO NOT
(Initials) (Initials)
want Sefco Export to procure insurance for Customer's benefit.
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1C) Declaration of Value
Customer agrees to pay additional compensation in order to increase Sefco's liability for
loss damagage or delay
to the actual cash value of the goods.
I _______ agree to inform Sefco of the value
(Initials)
of each shipment on a
shipment
by shipment basis.
or
I _______ declare the actual cash value as $___________
(Initials)
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1D) Prompt Notice of Loss, Delay or Damage Required
Customer agrees to inspect its shipment upon delivery and to give prompt notice of any damage or loss.
Customer agrees that Sefco will not be held responsiblee for any loss or damage if notice of
such loss or damage was not provided in writing to Sefco within 10 days of delivery to the Customer.
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1E) Payment of Invoices Required Before Consideration of Claims
Customer agrees that Sefco Export has no obligation to consider claims for loss, delay or damage, or to
prosecute such claims against carriers or warehousemen on behalf of Customer if Customer
has not paid Sefco's invoices.
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1F) Sefco Given A Lien On Insurance Proceeds
Customer agrees that Sefco 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.
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1G) Claims Expire After One Year
Any suit brought against Sefco nust 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 non-delivery,
the scheduled delivery date shall be deemed as the day
on which services were completed for
purposes of computing the one year limit.
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2A) Payment Guarantee by Customer
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Customer guarantees payment for all services rendered and carriage arranged by Sefco on
Customer's behalf, no matter what person ordered the services or benefitted there from.
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2B) Customer Bears Risk of Foreign Exchange Fluctuations
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Estimates of service charges may have been given by Sefco using current exchange rates.
Actual rates may differ in accordance with variations in the currency exchange rate at the time service is provided.
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2C) Service Fees Accrue on Late Payments
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Customer agrees to pay Sefco's invoices within 10 days from the date of issuance.
For any payments not received within ten days, Customer agrees that Sefco will
be entitled to a late fee of 1 1/2% of the outstanding amount for each month or fraction thereof from the invoice date.
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2D) Sefco Entitled to Attorney Fees Incurred in Collection
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Customer agrees to pay Sefco's attorney fees, costs and other expenses
incurred in the event this account
requires that an attorney be engaged
for purpose of collection.
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2E) Sefco 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 Sefco 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 Sefco is not paid.
SEFCO SHALL HAVE A LIEN ON ANY GOODS SHIPPED UNDER THIS AGREEMENT FOR FAILURE TO PAY
CHARGES OWED BY THE CUSTOMER OR CONSIGNEE OR HOLDER OF OR ASIGNEE ON ANY BILL OF LADING.
CUSTOMER AGREES THAT SEFCO'S LIEN CONTINUES IN EFFECT AFTER GOODS ARE DELIVERED AND UNTIL ALL PAST 7 PRESENT CHARGES ARE PAID.
Customer agrees to sign any notice of a security interest whether in the form of a UCC-1 or other form we request.
Customer appoints Sefco as its attorney-in-fact to sign any such notice on Customer's behalf in the event
Customer fails to sign it immediately upon Sefco's request.
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2F) Permission to Receive Credit Information
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Customer authorizes Sefco to obtain Credit Reports on Customer or any individuals
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 credit information wil be held in strict confidence and used only in consideration of this application for credit.
Customer further agrees to supply such additional information as may be requierd by Sefco to warrant future extensions of credit or to enable Sefco to perfect liens or to recover upon any bond issued.
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Part 3 - Special Power of Attorney Granted to Sefco Export
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CUSTOMER APPOINTS SEFCO EXPORT AS ITS ATTORNEY IN FACT TO ACT IN CUSTOMER'S PLACE
FOR THE PURPOSE OF TRANSACTING CUSTOMS BUSINESS, TO ISSUE AND SIGN ATA CARNETS
AND SHIPPER'S EXPORT DECLARATION ON BEHALF OF CUSTOMER AND FOR FILING UCC-1 FORMS TO PERFECT LIENS GRANTED THEREIN.
CUSTOMER FURTHER GRANTS SEFCO EXPORT FULL AUTHORITY TO ACT IN ANY MANNER BOTH PROPER AND NECESSARY
TO THE EXERCISE OF THE FOREGOING POWERS AND RATIFY EVERY ACT THAT SEFCO MAY LAWFULLY PERFORM IN
EXERCISING THISE POWERS. THIS POWER OF ATTORNEY IS GRANTED FOR THE TERM OF THIS AGREEMENT.
Note: The atached form must be completed and signed for filing with U.S. Customs.
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Part 4 - Term of Agreement and Termination; Legal Juristiction
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4A) Term of Agreement and Termination
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This Agreement shall be effective upon execution 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 Sefco's fees.
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4B) Applicable Law & Forum Selection
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To the extent not governed by applicable federal statutes, the laws of the state of New York
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 Sefco, shall be the city of New York, Borough of Manhattan, New York State.
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4C) This Form Is The Entire Agreement And Supercedes Contrary Orders
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These terms comprise the entire agreement between Customer and Sefco.
If the terms of this Agreement differ in any material way from the terms of Customer's order, this Agreement
shall be construed as a counter-offer and shall not be
effective as an acceptance of Customer's order unless Customer assents to the terms herein.
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Part 5 - Acknowledgement and Warranty Of Authority
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Warranty Of Authority & Certification
The person signing this Agreement on behalf of the Customer represents and warrants that he or she
has the authority to sign this agreement on behalf of theCustomer, including appointment of Sefco
as Customer's attorney in fact and to assure Sefco full and prompt payment. The person signing below certifies
that the information given in the Customer Data and Credit References, Part 5 below, is true, correct and complete and further
understands that Sefco will rely on this information for the extension of credit.
DATE:
____________________________________
Signature
BY:
____________________________________
Print Name
____________________________________
Position or title
____________________________________
Company
____________________________________
Address
On Behalf of:
____________________________________
Company or Person
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