Terms and Conditions of Service
All shipments to or from the Customer, which term shall include
the exporter, importer, sender, receiver, owner, consignor,
consignee, transferor or transferee of the shipments, will be
handled by Blakeman Transportation Inc. (herein called “BTI”) on the
following terms and conditions:
- Services by Third Parties. Unless BTI carries, stores
or otherwise physically handles the shipment, and loss, damage,
expense or delay occurs during such activity, BTI assumes no
liability as a carrier and is not to be held responsible or
liable to the Customer for any loss, damage, expense or delay to
the goods to be forwarded or imported. When BTI carries, stores
or otherwise physically handles the shipment, it does so subject
to the limitation of liability set forth in paragraph 7 and 8
below unless a separate bill of lading, air waybill or other
contract of carriage is issued by BTI, in which event the terms
thereof shall govern.
- Liability Limitations of Third Parties. BTI is
authorized to select and engage carriers, truck men, lightermen,
forwarders, customs brokers, agents, warehousemen and others, as
required, to transport, store, deal with and deliver the goods,
all of whom shall be considered as the agents of the Customer,
and the goods may be entrusted to such agencies subject to all
conditions as to limitation of liability for loss, damage,
expense or delay and to all rules, regulations, requirements and
conditions, whether printed, written or
stamped, appearing in bills of lading, receipts or tariffs
issued by such carriers, truck men, lightermen, forwarders,
customs brokers, agents, warehousemen and others. BTI shall
under no circumstances be liable for any loss, damage, expense
or delay to the goods for any reason whatsoever when said goods
are in custody, possession or control of third parties selected
by BTI to forward, enter and clear, transport or render other
services with respect to such goods. The relationship of any
such third party to BTI is that of an Independent Contractor.
- Choosing Routes or Agents. Unless express
instructions in writing are received from the Customer, BTI has
complete freedom in choosing the means, route and procedure to
be followed in the handling, transportation and delivery of the
goods. Advice by BTI to the Customer that a particular person or
firm has been selected to render services with respect to the
goods shall not be construed to mean that BTI warrants or
represents that such person or firm will render such services.
- Quotations Not Binding. Quotations as to fees, rates
of duty, freight charges, insurance premiums or other charges
given by BTI to the Customer are for informational purposes only
and are subject to change without notice and shall not under any
circumstances be binding upon BTI unless BTI in writing
specifically undertakes the handling or transportation of the
shipment at a specific rate.
- Delivery Liability. BTI does not guarantee nor
warrant exact delivery times or days. The acceptance of freight
for delivery does not grant shipper a warranty (actual or
implied) to delivery times. While every effort is made to meet
customer and shipper needs and expectations, no delivery
guarantee is given nor will BTI or any of its agents accept
liability or penalty including but not limited to financial
claims or restitution for late deliveries.
- Duty to Furnish Information. On an export or import
BTI shall not in any way be responsible or liable for increased
duty, penalty, fine or expense unless caused by the negligence
of BTI, in which event its liability to the Customer shall be
governed by the provisions of paragraphs 7 and 8 below. The
Customer shall be bound by and warrant the accuracy of all
invoices, documents and information furnished to BTI by the
Customer or its agent for export, entry or other purposes and
the Customer agrees to indemnify and hold harmless BTI against
any increased duty, penalty, fine or expense including
attorneys' fees, resulting from any inaccuracy, incomplete
statement, omission or any failure to make timely presentation,
even if not due to any negligence of the Customer.
- Declaring Higher Valuation. Inasmuch as truckers,
carriers, warehousemen and others to whom the goods are
entrusted usually limit their liability for loss or damage
unless a higher value is declared and a charge based on such
higher value is agreed to by said truckers, etc., BTI must
receive specific written instructions from the Customer to pay
such higher charge based on valuation and the trucker, etc. must
accept such higher declared value; otherwise the valuation
placed by the Customer on the goods shall be considered solely
for export or customs purposes and the goods will be delivered
to the truckers, etc. subject to the limitation of liability set
forth herein in paragraphs 7 and 8 below with respect to any
claim against BTI and subject to the provisions of paragraph 2
above.
- Limitation of Liability for Loss, etc. (a) The
Customer agrees that BTI shall only be liable for loss, damage,
expense, or delay to goods carried, stored or otherwise
physically handled by BTI and only if such loss results solely
from the negligence of BTI; such liability shall be limited to
an amount equal to the lesser of fifty dollars ($50.00) per
entry or shipment or the fee(s) charged for services, provided
that, in the case of partial loss, such amount will be adjusted,
pro rata; (b) Where BTI issues its own bill of lading and
receives freight charges as its compensation, Customer has the
option of paying a special compensation and increasing the limit
of BTI's liability up to the shipment's actual value; however,
such option must be exercised by written agreement, entered into
prior to any covered transaction(s), setting forth the limit of
BTI's liability and the compensation received; (c) In instances
other than in (b) above, unless the Customer makes specific
written arrangements with BTI to pay special compensation and
declare a higher value and BTI agrees in writing, liability is
limited to the amount set forth in (a) above; (d) Customer
agrees that BTI shall, in no event, be liable for consequential,
punitive, statutory, special or any other damages in excess of
the monetary limit provided for above.
- Presenting Claims. BTI shall not be liable under
paragraph 7 for any claims not presented to it in writing within
180 days of either the date of loss or incident giving rise to
the claim; no suit to recover for any claim or demand here under
shall be maintained against BTI unless instituted within six (6)
months after the presentation of the said claim or such longer
period provided for under applicable statute(s).
- Advancing Money. BTI shall not be obliged to incur
any expense, guarantee payment or advance any money in
connection with the importing, forwarding, transporting,
insuring, storing or coopering of the goods, unless the same is
previously provided to BTI by the Customer on demand. BTI shall
be under no obligation to advance freight charges, customs
duties or taxes on any shipment, nor shall any advance by BTI be
construed as a waiver of the provisions hereof.
- Indemnification for Freight, Duties. In the event
that a carrier, other person or any governmental agency makes a
claim or institutes legal action against BTI for ocean or other
freight, duties, fines, penalties, liquidated damages or other
money due rising from a shipment of goods of the Customer, the
Customer agrees to indemnify and hold harmless BTI for any
amount BTI may be required to pay such carrier, other person or
governmental agency together with reasonable expenses, including
attorneys' fees, incurred by BTI in connection with defending
such claim or legal action and obtaining reimbursement from the
Customer. The confiscation or detention of the goods by any
governmental authority shall not affect or diminish the
liability of the Customer to BTI to pay all charges or other
money due promptly on demand.
- C.O.D. Shipments. Goods received with Customer's or
other person's instructions to "Collect on Delivery" (C.O.D.) by
drafts or otherwise, or to collect on any specified terms by
time drafts or otherwise, are accepted by BTI only upon the
express understanding that it will exercise reasonable care in
the selection of a bank, correspondent, carrier or agent to whom
it will send such item for collection, and BTI will not be
responsible for any act, omission, default, suspension,
insolvency or want of care, negligence, or fault of such bank,
correspondent, carrier or agent, nor for any delay in remittance
lost in exchange, or during transmission, or while in the course
of collection.
- Compensation of Company. All invoices are due and
payable in full in ten (10) days from invoice date at BTI’s
office, 2350 Cold Springs Rd., Fort Worth, TX 76106 or at it
postal mail box, PO Box 4340, Fort Worth, TX 76164. The
compensation of BTI for its services shall be included with and
is in addition to the rates and charges of all carriers and
other agencies selected by BTI to transport and deal with the
goods and such compensation shall be exclusive of any brokerage,
commissions, dividends or other revenue received by BTI from
carriers, insurers and others in connection with the shipment.
In any referral for collection or action against the Customer
for monies due BTI, upon recovery by BTI, the Customer shall pay
the expenses of collection and/or litigation, including a
reasonable attorney fee.
- No Responsibility for Governmental Requirements. It
is the responsibility of the Customer to know and comply with
the marking requirements of the U.S. Customs Service, the
regulations of the U.S. Food and Drug Administration, and all
other requirements, including regulations of Federal, state
and/or local agencies pertaining to the merchandise. BTI shall
not be responsible for action taken or fines or penalties
assessed by any governmental agency against the shipment because
of the failure of the Customer to comply with the law or the
requirements or regulations of any governmental agency or with a
notification issued to the Customer by any such agency.
- Attorneys’ Fees. The Customer shall be liable for all
attorneys’ fees and expenses incurred by BTI to collect payment
from the Customer for services provided or to otherwise enforce
BTI’s rights pursuant to these terms and conditions.
- Governing Law and Jurisdiction. The validity,
construction, enforcement and interpretation of the foregoing
terms and conditions shall be governed by the substantive laws
of the State of Texas, unless the application of federal law is
required. The services provided by BTI pursuant to these terms
and conditions are to be provided, in whole or in part, in
Tarrant County, Texas. Any legal proceeding instituted against
BTI relating to the services provided by BTI to the Customer
must be instituted in Tarrant County, Texas.
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