Terms & Conditions
TERMS AND CONDITIONS OF SERVICE (PLEASE READ CAREFULLY)
这些鸿运赌场条款和条件构成了“公司”和“客户”之间具有法律约束力的合同。. 如果本公司提供鸿运赌场并发布文件，其中包含管理此类鸿运赌场的条款和条件, 其他文件中规定的条款和条件适用于这些鸿运赌场.
b. “客户”系指本公司为其提供鸿运赌场的人, as well as Its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers, and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignee’s etc. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives;
c. “文件”是指直接或间接从客户收到的所有信息, whether in paper or electronic form:
e. “Third parties” shall include, but not be limited to, the following: “carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, 仓储人以及受委托运输货物的其他人员, cartage, handling and/or delivery and/or storage or otherwise”.
2. Company as agent. 本公司作为客户的“代理人”，履行与货物入、放有关的职责, post entry services, the securing of export licenses, 代表客户的出口文件的归档以及与政府机构的其他交易:关于所有其他鸿运赌场, Company acts as an independent contractor.
3. Limitation of Actions
a. Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss, must be made in writing and received by the Company within ninety(90) days of the event giving rise to claim; the failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer
b. 所有针对公司的诉讼必须按以下方式提交并妥善送达公司:(i)因海洋运输引起的索赔, within one(1) year from the date of loss;
(ii) For claims arising out of air transportation, within two (2) years from the date of the loss; (iii) For claims arising out of the preparation and/or submission of an import entry(s). (四)任何其他类型的任何和所有其他索赔，在清算分录之日起七十五(75)日内, within two (2) years from the date of the loss or damage.
4. 对第三方和/或航线的选择或鸿运赌场不承担责任. 除非根据客户的书面指示，由专人或公司提供鸿运赌场, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed mean that the Company warrants or represents that such person or firm will render such services nor does Company assume. 对该等第三方和/或其代理人的任何行为和/或不作为的责任或责任, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer. Which shall be liable for any charges or costs incurred by the Company.
5. Quotations Not Binding. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice: no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.
6. Reliance On Information Furnished. a. 客户确认需要审查所有准备和/或提交给海关鸿运赌场的文件和报关单, or Government Agency and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration filed on Customers behalf: b. In preparing and submitting customs entries, export declarations, applications, documentation and/or export data to the United States and/or third party, the Company relies on the correctness of all documentation, whether in written or electronic format. And all information furnished by
Customer; Customer shall use reasonable care to insure the correctness of all such information and shall indemnify hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose information or any incorrect or false statement by the Customer upon which the Company reasonable relied. 客户同意，客户有明确的、不可委托的义务披露任何和所有需要输入的信息, export or enter the goods
7. Declaring Higher Value to Third Parties. Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at Company’s discretion, the goods may be tendered to the third party, 受限于第三方的责任限制和/或鸿运赌场条款和条件
8. Insurance. Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer’s behalf; in all cases. 客户应支付与采购要求的保险有关的所有保费和费用.
9. Disclaimers; Limitation of Liability
a. Except as specifically set forth herein, 公司未就其鸿运赌场作出任何明示或暗示的保证;
b. Subject to (c) below, 客户同意就公司提供的任何和所有鸿运赌场而言, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss or damage to Customer’s goods, 公司在任何情况下都不对第三方的行为负责;
c. In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction. By requesting such coverage and agreeing to make payment therefore, 在为上述交易提供鸿运赌场前，本公司必须以书面形式确认有关要求。.
d. In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following (i) where the claim arises from activities other than those relating to customs brokerage. $50.00 per shipment or transaction, 或(ii)索赔起因于与“海关业务”有关的活动,”
e. In no event shall Company be liable or responsible for consequential, indirect, incidental, 法定的或惩罚性的损害赔偿，即使它已经被告知这种损害赔偿的可能性.
10 Advancing Money. All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company
11. Indemnification/Hold Harmless. The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability arising from the importation or exportation of customers merchandise and/or any conduct of the Customer, which violates any Federal, State and/or other laws, 并进一步同意赔偿并使公司免受任何和所有责任的损害, loss, damages, costs, claims, and/or expenses, including but not limited to reasonable attorney’s fees, which the Company may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against the Company, 公司应将书面通知以邮寄方式送达客户在公司备案的地址.
12. C.O.D. or Cash Collect Shipments. 公司应合理注意与“现金/货到付款”有关的书面指示.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refused to pay for the shipment.
13. Costs of Collection. In any dispute involving monies owed to Company, the Company shall be entitled to all costs of collection, 包括合理的律师费和年利率15%或法律允许的最高利率, whichever is less, unless a lower amount is agreed to by Company.
14. General Lien and Right To Sell Customer’s Property
a. Company shall have a general and continuing lien on any and all property of Customer coming into Company’s actual or constructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both
b. 公司应书面通知客户其行使该留置权的意图, the exact amount of monies due and owing, as well as any on-going storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of Company’s rights and/or the exercise of such lien. Initials: ___
c.Unless, within thirty days of receiving notice of lien. Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of the Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to accrued, Company shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer 15. No Duty To Maintain Records for Customer. 客户确认根据关税法案第508和509条, as amended, (19 USC 1508 and 1509) It has the duty and is solely liable for maintaining all records required under the Customs and/or Laws and regulations of the United States; unless otherwise agreed to in writing, 公司应只保留法规和/或法规要求保留的记录。, but not act as a”record-keeper” or recordkeeping agent” for Customer.
16. Obtaining Binding Rulings, Filing Protests, etc. 除非客户书面要求并经公司书面同意, 公司没有义务承担任何海关放行前或海关放行后的行动. Including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.
17. Preparation and Issuance of Bills of Lading. Where Company prepares and/or issues a bill of lading. 订约公司无义务在其上指明件数, packages and/or cartons, etc.:除非客户或其代理书面明确要求，且客户同意支付相应费用. Company shall rely upon and use the cargo weight supplied by Customer.
18. No Modification or Amendment Unless Written. These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to uninterally modify, alter or amend same shall be null and void.
19. Compensation of Company. The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends. Or other revenue received by the Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon request the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. 就公司应付的款项向客户收取或提起诉讼, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.
20. Severability. 如果本协议的任何段落和/或部分被发现无效和/或不可强制执行, 在这种情况下，本协议的其余部分将保持完全有效.
21. Governing Law; Consent to Jurisdiction and Venue. These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of North Carolina without giving consideration to principles of conflict law. Customer and Company
b. Agree that any action relating to the services performed by Company, shall only be brought in said courts:
22. Screening: All cargo is subject to screening.