The enrolled Customer, Shipper and/or Consignee (hereinafter collectively referred to as “Customer”) agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter. These TERMS AND CONDITIONS shall apply to this and all future shipments scheduled by Customer, unless and until these TERMS AND CONDITIONS are altered or amended by Pacific Express Line.
1. Agreement to Terms
Customer agrees that international and domestic carriage by a Carrier of any shipment tendered using pacific express line shall be in accordance with the terms, conditions and limitation of liability set on the non-negotiable BOL, Air Waybill, Label, Manifest, or Pick-up record (collectively “shipping documentation”) and as appropriate any transportation agreement between customer and Broker and/or Carrier covering such shipment and in any applicable Tariff, Service Guide, or Standard Conditions of Carriage, which are incorporated into this agreement by reference. If there is a conflict between the shipping documentation and any such document then in effect or this agreement, the transportation agreement, Tariff Service Guide, Standard Conditions of Carriage, or this agreement will control in this order of priority. If a shipment originated outside U.S., the contract of carriage is with the Broker’s subsidiary, branch, or independent contractor who originally accepts the shipment. Your use of this web site shall not alter your responsibility for the preparation and accuracy of shipping documentation including export/import.
2. Customer Warranties
The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to this Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. The Broker assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.
All charges are payable in US Dollars and are due and payable fourteen (14) days from the date of billing, and any payment which is past due shall be subject to an additional charge at the rate of 1-1/2% per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. All funds received by the Broker will be applied to the oldest (based on pick-up date) invoiced Bill of Lading that is outstanding.all unpaid charges will be subject to a late payment penalty of 33% and Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses.
4. Claims and Limitations of Liability
The individual carrier’s governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order for a carrier to process a claim. All freight cargo claims should be submitted immediately to the Broker to help ensure timely resolution. The Broker will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. No claim will be reviewed until all shipping and related charges have been paid to Broker. All packaging and containers must be made available for inspection by Broker.
5. Customer Release of Liability
Broker shall not be held liable by Customer for the following:
* Accuracy of item description, its contents, or its condition.
* Any other limit of liability related to the item being shipped.