Reliance On Information Furnished. Customer acknowledges that it is required to provide, disclose and review for correctness all documents, declarations and information necessary or useful to handle, transport, load, unload, store, clear, enter for other Governmental Agency purposes, deliver, distribute and otherwise deal with goods, including but not limited to the commercial invoice, packing list, certificates of origin and any other necessary to support such work that is required by Company to perform its roles. In addition, Customer must provide all such information to enable Company to perform its Customs-related roles, including reasonableness of the dutiable value, weights, measures, number of pieces, packages, cartons or containers, the condition of the goods, and the HTSUS or Schedule B classifications the Customer has provided, country of origin declaration and reporting, genuineness of the goods and any mark or symbol associated with them, Customer’s right to export, import and/or distribute the goods, and the admissibility of the goods, pursuant to Law, all in the English languages and in any other language as may be required by the Laws of the country of origin or of destination. Customer acknowledges it must immediately advise Company of any errors, discrepancies, incorrect statements, or omissions in any document or other information that might have impacted work performed by Company on behalf of client. Company has no liability for increased duties, penalties, fines or expenses unless caused by the negligence or other fault of Company, in which case Company’s liability is limited by the provisions of Paragraph 9 below. Customer represents and warrants the accuracy, sufficiency and completeness of all documents and information furnished to Company by or for Customer. Company has no duty to inquire into the accuracy, sufficiency or completeness of any document or information and in no instance shall be charged with requesting, finding or using information that Customer fails to give in writing to the proper party. Company may rely on all documents and information furnished to Company. If Customer fails to perform any obligation, Company may use its judgment in connection with the goods. Customer further represents, warrants and covenants that it is and will remain in compliance with all applicable Laws, including anti-corruption Laws, such as the U.S. Foreign Corrupt Practices Act (FCPA), the U.S. Export Administration (EAR) administered by the U.S. Commerce Department’s Bureau of Industry and Security (BIS); the International Traffic in Arms Regulation (ITAR) administered by the U.S. State Department; the U.S. Anti-Boycott regulations, and various U.S. economic sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Asset Control (OFAC), and that the information the Customer provides to Company in connection with Customer’s compliance with all such applicable Laws is true and complete. Customer shall also comply with all applicable Laws of any country or jurisdiction to, from, through or over which any goods may be carried, including all applicable Laws relating to the marking, packing, carriage, storage, clearance or delivery of the cargo. Customer represents, warrants and covenants that the export jurisdiction and classification of all goods is correct and that it shall notify Company in writing of any changes to such information. Customer further represent, warrants and covenants that all goods are properly marked, addressed and packaged to withstand the rigors of international air, ocean and ground transportation. Company is not liable to Customer for loss, damage, expense or delay, of any kind, due to Customer’s failure to comply with these Terms and Conditions. Customer shall indemnify and hold Company harmless against any and all claims, losses or damages arising from the conduct of Customer or any of its offices, directors, employees, agents, owner or other Persons working for or with Customer under these Terms and Conditions that constitutes a violation of the Customer’s obligations, representations, warranties and covenants contained herein. Customer acknowledges that it is required to advise Company in advance of its intention to tender hazardous material goods and that it will otherwise comply with all state, federal and international hazardous material regulations. Where Company prepares and/or issues a Transport Document or Storage Document, Company has no obligation to specify thereon the number of packages, pieces or cartons or the condition of the cargo. Customer shall use the highest standard of care to ensure the correctness of all such information and shall indemnify and 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 relied, regardless of whether Customer knew or could have known of the incorrectness of the information. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to transport, import, export or enter the goods. Customer acknowledges that it is required to provide verified weights obtained on calibrated, certified equipment of all cargo that is to be tendered to steamship lines and represents that Company is entitled to rely on the accuracy of such weights and to counter-sign or endorse it as agent of Customer in order to provide the certified weight to vessel operators and other providers. Customer further warrants that it complies with all applicable privacy and data protection laws with respect to personally identifiable information about individual contacts of Customer and clients of Customer (“Customer Data”) provide by Customer to Company. Customer warrants it has obtained consent to disclose Customer Data to Company and that Company may use Customer Data for the performance of service and general administrative purposes which may involve communicating Customer Data to others. The Customer agrees that it shall indemnify and hold the Company harmless from any and all claims, losses, penalties or other costs resulting from any incorrect or incomplete statements of the weight provided by the Customer or its agent or contractor on which the Company relies and for use of Customer Data.
Appears in 4 contracts
Samples: Terms and Conditions of Service, Terms and Conditions of Service, Terms and Conditions of Service
Reliance On Information Furnished. (a) Customer acknowledges that it is required to providereview all documents and declarations prepared and/or filed with U.S. Customs & Border Protection, disclose and review for correctness all documents, declarations and information necessary or useful to handle, transport, load, unload, store, clear, enter for other Governmental Government Agency purposes, deliver, distribute and otherwise deal with goods, including but not limited to the commercial invoice, packing list, certificates of origin and any other necessary to support such work that is required by Company to perform its roles. In addition, Customer must provide all such information to enable Company to perform its Customs-related roles, including reasonableness of the dutiable value, weights, measures, number of pieces, packages, cartons or containers, the condition of the goodsand/or third parties, and the HTSUS or Schedule B classifications the Customer has provided, country of origin declaration and reporting, genuineness of the goods and any mark or symbol associated with them, Customer’s right to export, import and/or distribute the goods, and the admissibility of the goods, pursuant to Law, all in the English languages and in any other language as may be required by the Laws of the country of origin or of destination. Customer acknowledges it must will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions in on any document declaration or other information that might have impacted work performed by submission filed on Customers behalf;
(b) In preparing and submitting customs entries, export declarations, applications, security filings, documentation, delivery orders and/or other required data, the Company relies on behalf of client. Company has no liability for increased duties, penalties, fines or expenses unless caused by the negligence or other fault of Company, in which case Company’s liability is limited by the provisions of Paragraph 9 below. Customer represents and warrants the accuracy, sufficiency and completeness correctness of all documents documentation, whether in written or electronic format, and all information furnished to Company by or for Customer. Company has no duty to inquire into the accuracy, sufficiency or completeness of any document or information and in no instance shall be charged with requesting, finding or using information that Customer fails to give in writing to the proper party. Company may rely on all documents and information furnished to Company. If Customer fails to perform any obligation, Company may use its judgment in connection with the goods. Customer further represents, warrants and covenants that it is and will remain in compliance with all applicable Laws, including anti-corruption Laws, such as the U.S. Foreign Corrupt Practices Act (FCPA), the U.S. Export Administration (EAR) administered by the U.S. Commerce Department’s Bureau of Industry and Security (BIS); the International Traffic in Arms Regulation (ITAR) administered by the U.S. State Department; the U.S. Anti-Boycott regulations, and various U.S. economic sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Asset Control (OFAC), and that the information the Customer provides to Company in connection with Customer’s compliance with all such applicable Laws is true and complete. Customer shall also comply with all applicable Laws of any country or jurisdiction to, from, through or over which any goods may be carried, including all applicable Laws relating to the marking, packing, carriage, storage, clearance or delivery of the cargo. Customer represents, warrants and covenants that the export jurisdiction and classification of all goods is correct and that it shall notify Company in writing of any changes to such information. Customer further represent, warrants and covenants that all goods are properly marked, addressed and packaged to withstand the rigors of international air, ocean and ground transportation. Company is not liable to Customer for loss, damage, expense or delay, of any kind, due to Customer’s failure to comply with these Terms and Conditions. Customer shall indemnify and hold Company harmless against any and all claims, losses or damages arising from the conduct of Customer or any of its offices, directors, employees, agents, owner or other Persons working for or with Customer under these Terms and Conditions that constitutes a violation of the Customer’s obligations, representations, warranties and covenants contained herein. Customer acknowledges that it is required to advise Company in advance of its intention to tender hazardous material goods and that it will otherwise comply with all state, federal and international hazardous material regulations. Where Company prepares and/or issues a Transport Document or Storage Document, Company has no obligation to specify thereon the number of packages, pieces or cartons or the condition of the cargo. Customer shall use the highest standard of reasonable care to ensure the correctness of all such information and shall indemnify and 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 incorrect, incomplete or false statement by the Customer or its agent, representative or contractor upon which the Company reasonably relied, regardless of whether Customer knew or could have known of the incorrectness of the information. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to transport, import, export or enter the goods. .
(c) Customer acknowledges that it is required to provide verified weights obtained on calibrated, certified equipment of all cargo that is to be tendered to steamship lines and represents that Company is entitled to rely on the accuracy of such weights and to counter-sign countersign or endorse it as agent of Customer in order to provide the certified weight to vessel operators and other providers. Customer further warrants that it complies with all applicable privacy and data protection laws with respect to personally identifiable information about individual contacts of Customer and clients of Customer (“Customer Data”) provide by Customer to Company. Customer warrants it has obtained consent to disclose Customer Data to Company and that Company may use Customer Data for the performance of service and general administrative purposes which may involve communicating Customer Data to otherssteamship lines. The Customer agrees that it shall indemnify and hold the Company harmless from any and all claims, losses, penalties or other costs resulting from any incorrect or incomplete questionable statements of the weight provided by the Customer or its agent or contractor on which the Company relies relies.
(d) Customer acknowledges that it is required to advise Company in advance of its intention to tender hazardous material goods and for use of Customer Datathat it will otherwise comply with all federal and international hazardous material regulations.
Appears in 2 contracts
Samples: Transportation & Logistics, Transportation & Logistics
Reliance On Information Furnished. Customer acknowledges that it is required to provide, disclose and review for correctness all documents, declarations and information necessary or useful to handle, transport, load, unload, store, clear, enter for other Governmental Agency Party purposes, deliver, distribute and otherwise deal with goods, including but not limited to the commercial invoice, packing list, certificates of origin and any other necessary to support such work that is required by Company to perform its roles. In addition, Customer must provide all such information to enable Company to perform its Customs-Customs- related roles, including reasonableness of the dutiable value, weights, measures, number of pieces, packages, cartons or containers, the condition of the goods, and the HTSUS or Schedule B classifications the Customer has provided, country of origin declaration and reporting, genuineness of the goods and any mark xxxx or symbol associated with them, Customer’s right to export, import and/or distribute the goods, and the admissibility of the goods, pursuant to Law, all in the English languages and in any other language as may be required by the Laws of the country of origin or of destination. Customer acknowledges it must immediately advise Company of any errors, discrepancies, incorrect statements, or omissions in any document or other information that might have impacted work performed by Company on behalf of client. Company has no liability for increased duties, penalties, fines or expenses unless caused by the negligence or other fault of Company, in which case Company’s liability is limited by the provisions of Paragraph 9 below. Customer represents and warrants the accuracy, sufficiency and completeness of all documents and information furnished to Company by or for Customer. Company has no duty to inquire into the accuracy, sufficiency or completeness of any document or information and in no instance shall be charged with requesting, finding or using information that Customer fails to give in writing to the proper party. Company may rely on all documents and information furnished to Company. If Customer fails to perform any obligation, Company may use its judgment in connection with the goods. Customer further represents, warrants and covenants that it is and will remain in compliance with all applicable Laws, including anti-corruption Laws, such as the U.S. Foreign Corrupt Practices Act (FCPA), the U.S. Export Administration (EAR) administered by the U.S. Commerce Department’s Bureau of Industry and Security (BIS); the International Traffic in Arms Regulation (ITAR) administered by the U.S. State Department; the U.S. Anti-Boycott regulations, and various U.S. economic sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Asset Control (OFAC), and that the information the Customer provides to Company in connection with Customer’s compliance with all such applicable Laws is true and complete. Customer shall also comply with all applicable Laws of any country or jurisdiction to, from, through or over which any goods may be carried, including all applicable Laws relating to the marking, packing, carriage, storage, clearance or delivery of the cargo. Customer represents, warrants and covenants that the export jurisdiction and classification of all goods is correct and that it shall notify Company in writing of any changes to such information. Customer further represent, warrants and covenants that all goods are properly marked, addressed and packaged to withstand the rigors of international air, ocean and ground transportation. Company is not liable to Customer for loss, damage, expense or delay, of any kind, due to Customer’s failure to comply with these Terms and Conditions. Customer shall indemnify and hold Company harmless against any and all claims, losses or damages arising from the conduct of Customer or any of its offices, directors, employees, agents, owner or other Persons working for or with Customer under these Terms and Conditions that constitutes a violation of the Customer’s obligations, representations, warranties and covenants contained herein. Customer acknowledges that it is required to advise Company in advance of its intention to tender hazardous material goods and that it will otherwise comply with all state, federal and international hazardous material regulations. Where Company prepares and/or issues a Transport Document or Storage Document, Company has no obligation to specify thereon the number of packages, pieces or cartons or the condition of the cargo. Customer shall use the highest standard of care to ensure insure the correctness of all such information and shall indemnify and 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 relied, regardless of whether Customer knew or could have known of the incorrectness of the information. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to transport, import, export or enter the goods. Customer acknowledges that it is required to provide verified weights obtained on calibrated, certified equipment of all cargo that is to be tendered to steamship lines and represents that Company is entitled to rely on the accuracy of such weights and to counter-sign or endorse it as agent of Customer in order to provide the certified weight to vessel operators and other providers. Customer further warrants that it complies with all applicable privacy and data protection laws with respect to personally identifiable information about individual contacts of Customer and clients of Customer (“Customer Data”) provide by Customer to Company. Customer warrants it has obtained consent to disclose Customer Data to Company and that Company may use Customer Data for the performance of service and general administrative purposes which may involve communicating Customer Data to others. The Customer agrees that it shall indemnify and hold the Company harmless from any and all claims, losses, penalties or other costs resulting from any incorrect or incomplete statements of the weight provided by the Customer or its agent or contractor on which the Company relies and for use of Customer Data.
Appears in 1 contract
Samples: Terms and Conditions of Service