Buyer/Shipper agree to the following contract terms & conditions: |
Shippers/buyers non-refundable retainer and payment as per Sefco quotation
will expedite opening the new export/import file, submitting of a formal booking request(s) with the selected ocean/air carrier/service providers, and open shippers/buyers account with our company. The balance due per Sefco Statement of Account on any order/shipment must be settled prior to pier delivery and export/release of cargo, and paid in negotiable funds, certified check, confirmed wire transfer,
money order or cash. Any storage or related fees while awaiting bank clearance of incoming checks or wires, will be billed back to shipper. All international shipments must be prepaid. In the event of late or non-payment, or need to collect funds COD after export/departure/release, a $250 COD fee will be added to the total invoice plus 7% of total owed per week overdue, plus any/all outlays and expenses to collect, including legal fees.
Interest and late fees will be applied to delinquent payments. Payment of Sefco invoices/accounts due, made by bank to bank wire, require payor to include an additional US$ 35 per incoming wire transfer. Sefco pays service providers/carriers by company check. For expedited remittances, shippers/accounts requiring outbound bank wire transfers to be made by Sefco, shall cover accessorial service handling cost of US$ 70.00 per outgoing domestic bank wire, US$ 95.00 per outgoing international bank wire.
Returned checks will incur additional bank fees (assessed at cost) plus a Sefco handling fee of US$ 50.00 Other accessorial fees (use of courier, etc) may apply.
All products, goods, materials, vehicle(s) ordered, etc., remain our unrestricted property unless the full value has been received by us including accrued interest, if any.
All ordered goods on delivery are subject to terms and conditions agreed and specified per co-signed SEFCO proforma invoice for same.
Not responsible for conditions beyond our control; superceding amendments only by our written consent.
SEFCO, in acting as your purchasing, sales, and/or shipping agent, is contracted to perform purchasing, sales, and/or shipping and related services. Bank fees, accessorial services, taxes and other governmental assessments
are the responsibility of the customer.
Should buyer/shipper commence legal action against company and company prevails, then company will be entitled to reimbursement of all its attorney fees and court costs.
Legal competency and exclusive jurisdiction and venue for resolution of any issues arising hereunder shall be within the courts of the United States of America within the State of New York, within the city of New York, Borough of Queens.
Customs regulations, residence and import requirements, port fees and tax laws differ in each country and are subject to periodic change. Company can therefore only offer guidance but cannot be responsible for mis-advice. Please contact the
consulate or embassy representing the country to which you are shipping to determine the applicable rules, regulations and laws to which your shipment will be subject.
The above and aforementioned constitutes the full agreement between owner/shipper and SEFCO, is solely between buyer/shipper and company, and represents the entire agreement between parties hereto, and cannot be modified except in writing, and shall be
deemed to apply to all property which company may store, restore, purchase, package, transport or ship for the buyer's, shipper's, and/or principal's account.
- By Buyer/shipper/owner's signature, Sefco Export Management Company, Inc.,
"company", and transporters or agents, jointly and separately, are authorized
to operate and/or transport the vehicle(s), goods, &/or product(s)
purchased, from the point of origin on the reverse side (see contract form,
signed, dated, with a control number) to the point of departure, ocean/rail/truck
or air terminal, for shipment to arrival at the port/terminal of final destination and acts only as the
shipper's &/or principal's agent with limited power of attorney with respect
to the transportation of said good(s), and does not act as a common carrier.
- The buyer/shipper authorizes the company when in its opinion, it shall
deem advisable to employ the services of any steamship line &/or other
certified common carrier(s) to transport the property to destination herein designated.
- Buyer/shipper must give company any purchasing &/or shipping instructions in
writing. The principal acceptable form of written communication is email.
Company shall not assume any responsibility for any delays or
omissions to shipment if instructions were not given in writing.
- Buyer/shipper must provide company with a complete list of vehicle(s) &/or
other items to be located, bought, packed and/or shipped and make sure with any/all suppliers that same was
delivered to company prior to shipping date. Company shall not assume any responsibility for any vehicles/items
not purchased and/or shipped if such list was not given or any items received after agreed shipping date.
- Advice, consultations &/or estimations provided by company serve as a guideline only
and is based on preliminary information provided by customer &/or vendors. Final cost for
shipping services will be determined when actual final measuring & documentation of any freight to be
shipped is completed and dimensions obtained according to the rate agreed.
- The shipper shall pay the freight and any and all other lawful charges accruing on said for all freight and
charges and any sums that may be due it under this agreement.
- This quotation is valid for a period of 30 days only from date of signing the agreement
both by shipper and by company. For requesting a pickup date, company shall be notified 4 weeks
in advance. For any preshipment export packing or special preparation at origin, 4 weeks, and for
ocean shipping, 6-8 weeks. Orders placed on shorter notice are handled on a first come, first served
basis. If expedited "rush" service is required, please inquire as to possible extra charge.
- Since ocean freight and other intermodal freight rates are beyond our control, this quotation is
based on the prevailing rates and surcharges currently in effect at time of quotation by the ocean/air/land carrier and
transportation companies. Unless otherwise noted, rates quoted are subject to all applicable surcharges,
currency adjustment factors, fuel surcharges, and GRI general rate increases in effect in steamship line, airline or inland truckers tariff
at the time of receipt of cargo. Any increase or surcharge as assessed at will be added to the price.
- Shipping time is approximated and the company is not responsible for any delays caused
by highway problems, steamship line schedules, over-booking, technical problems in equipment
or vehicles, strikes, port authorities, labor problems at the origin or destination &/or other
reasons beyond our control including "force majeure".
- Rate is based on consolidation service &/or container freight station's regular receiving &
loading time schedules and therefore company cannot be held responsible for exact shipping dates.
- The company shall not be liable for any losses or damages to shipper's goods caused by acts
of God, public enemies, authority of law, labor troubles, riots, the elements, acts of default by the shipper,
or other cause beyond company's control. The company will not be responsible for loss or damage
to goods by fire or moths, rust or deterioration by time while in its care and possession,
or while being transported or transferred to a railway car, truck, auto carrier, aircraft or steamship.
- When receiving vehicles and items on behalf of customers the company is not responsible
to open trunks, cartons, etc. and check contents but is only responsible for the number of pieces
and/or vehicles received. Company is not responsible for shipping the following items: guns, explosives,
ammunition, inflammable products, restricted/hazardous products, narcotics, negotiable & legal papers,
alcoholic beverages, jewelry, furs, money, other articles of unusual value, pets, live animals, contraband,
prescriptive medicines; audio, video or electronic equipment (unless specifically insured by shipper); acids, etc.
or subsequent damages which may be caused to other items in shipment by contamination by same.
- Shipper must provide all risk marine/transport insurance at his own expense with an endorsement
to cover the complete cost of his merchandise, goods, &/or vehicles while being stored, consolidated,
and in the care of the company. Customer has the option to purchase Ocean Marine Insurance
through SEFCO or own sources. In the event same is not purchased through company, the customer
shall first look to any insurance in its favor before making any claim against company to recover for
loss or damage to customers property, and to the extent such insurance is in force or collectible,
customer hereby releases and waives all right of recovery against company or any one claiming
through or under customer by way of subrogation or otherwise. In the event you do not insure your
property, company's liability is limited to 30 cents per cubic foot. Shipper must in addition supply
insurance coverage at his own expense for transportation of the goods from his house or other point
of origin to the port of origin and from port of destination to his house or other final destination point,
including transit time.
- That claim for loss or damage must be presented within seven (7) days from date of arrival
of shipment at destination. First, any damage should be properly noted at moment of receipt
while driver/carriers agent is still there. Then a copy of the damage report should be sent
to the delivering carrier immediately, so as to expedite a proper resolution. Payment by the owner
and signing of the receipt for the property at destination without immediate notification of
damage shall be evidence of satisfactory delivery and performance of services. If goods are
placed in storage, claim, if any, must be made before storing.
- U.S Customs is phasing-in a NO DOCS, NO LOAD procedure for all exports from the USA. Presentation of late documentation
could result in your cargo not being loaded and/or penalties and fines. Sefco requires 3-5 business days to process necessary
shipper security checks (OFAC, US Dept. of Treasury) and documents to meet the currently required dealine of 48 hours prior to vessel sailing.
Cargo rolled by the carrier for failure to comply will be rolled to a later vessel at the shippers expense. All ocean/air/land carrier rates
and intermodal fuel surcharges are subject to change without notice.
- The company shall not be held responsible for any advice, misadvice or information given regarding customs regulations, port fees, etc. at port of destination.
- Any laws or regulations imposed by authorities at origin or destination which affect the options in the contract and the rate will void the contract. The company
and shipper will have to renegotiate the terms of agreement.
- Shipper agrees that they are bound by rules and regulations of the uniform through export bill of lading, are subject to the terms, conditions and deductibles of the specific shipping company
used for shipment, a copy of which is at company's office, and are included herein by reference and made part hereof. Rates exclude any storage, demurrage, taxes, duties as may apply.
- If your vehicle is inoperable or oversized (i.e. dual wheels, large pickup or van, racks, etc.) please inquire as to extra charges.
If carrier is not advised of inoperable or oversized vehicles prior to pickup or receipt, all extra charges must be paid in negotiable funds prior to delivery.
- Company will not be liable for the following items: damage unable to be detected due to vehicle's dirty condition, articles left in vehicle(s), damage or loss of "loose" parts of special equipment,
including spoilers, skirts, tails, louvers, etc., cost or expenses, including towing or repair charges, resulting from malfunction of vehicle(s), damage caused by leaking fluids, battery acids, cooling systems,
antifreeze solution, or industrial fallout when damage is not due to carrier negligence; radio antennas that extend more than three inches above fender or hood level of vehicle(s) being transported;
loss or damage to cd/tape playing, recording, radio or other sound reproducing or transmitting/receiving equipment which is not a factory installed part of the vehicle(s) being transported;
mechanical functions such as, exhaust systems, alignment, brakes, suspension, tuning or engine, transmission, or drive train, that inspection of which are not practical at time of shipment; auto rental accruals; hotel fees or other travel
related expenses; long distance calls; windshield cracking; &/or any act of God, etc.
- Any and all purchasing, sales or service agreement(s) between shipper/buyer and company are placed in writing, and no manufacturers or other warranties or guarantees are implied unless specified in
writing. All sales are final and are based strictly on a mutually co-signed proforma SEFCO commercial invoice, which specifies any/all payment terms. Client has option to pre-inspect any product being
purchased directly, or can request company to make arrangements for a pre-shipment inspection, certificate of origin, ASE certified mechanic/technician's condition report, or any other expert advice
and verification, and in the event such a request is made, please inquire as to extra charges, and any/all origin condition report(s) are for informational purposes only and do not represent any claim
of authenticity by the company itself.
- Any party acting in the capacity of an authorized SEFCO agent, representative, product locator or distributor, is and shall be an independent contractor rather than an employee, and can only
act as such after receipt by company of a mutually signed agency agreement. Parties interested in working with company in any capacity are invited to contact company for qualification evaluation.
Company may immediately terminate such agreement at any time.
- Rates do not include customs duties/taxes (if any), overseas port reception fees and in-land delivery to overseas interior points unless specified, insurance unless specified, container
demurrage & pier storage, labor in the event of a customs inspection, and additional overseas charges or accesorial services not explicitly offered by company in writing. The cost for processing any customs clearance formalities at port of loading and discharge
is in addition to freight/transport charges, and remains for the shippers account unless otherwise specified.
- Should this order be canceled for any reason before purchase of product or vehicle(s), or possession has been taken, or being booked on a particular ship, an administrative charge of $500 per booking/unit shall be
assessed, and a credit will be issued for the balance. This fee will be in addition to any other charges relative to the agreed service/shipment, i.e. missed vessel reservation/booking roll over charges, storage/demurrage, pickup fees, long distance calls, billable staff time, etc.
If said cancels after being booked for shipment or possession has been taken, either by trucker or terminal, the full fees for services will be due and payable, including any redelivery charges assessed, plus an administrative charge
of $750 per booking/unit, and a credit will be issued for the balance. There will not be any cancellation charge if the owner/shipper wishes to change the shipping date, provided the new date falls within 30 days before or after the original scheduled date. Notification
of intent to cancel must be made in writing, signed and dated, with copy sent directly to company preferably by FedEx. There are no cash refunds; the cancellation fee shall be non-refundable and a credit shall be issued for a period of up to one year from the date of cancellation. Due to tax laws and accounting requirements no credit can be used after one year from receipt of payment. Sefco's terms of service/tos, contract/SLI forms, general instructions, cancellation and credit policy, rates for consulting services and professional staff time are posted on Sefco's web site at: www.sefco-export.com/termsofservice.htm
I have read the above and agree with Sefco's normal terms and conditions for service. (customer signature)