TERMS AND CONDITIONS OF
NNR GLOBAL
LOGISTICS USA INC.
Subject to any additional or expressly contrary
provisions of any applicable law, bill of lading or tariff, the following terms
and conditions shall apply to all air and ocean shipments handled by NNR Global
Logistics USA Inc. (“NNR”) as a freight forwarder, break bulk agent, customs
broker, trucking company, warehouse or otherwise:
1. LIMITATION OF LIABILITY. In all
circumstances, unless the shipper has submitted a written request in advance to
insure the shipment and has paid the supplementary charge to NNR, NNR’s
liability for goods lost, damaged or delayed by any cause whatsoever shall not
exceed (i) for air shipments, 19 “special drawing rights” (as defined and
calculated by the International Monetary Fund) per kilogram; or (ii) for ocean
shipments, US$500 per package or shipping unit.
In no circumstances shall NNR be liable for any special, consequential,
incidental, indirect or punitive damages.
2. CHOICE OF LAW/VENUE/JURISDICTION. These terms and conditions, and any act or
contract to which they apply, shall be governed and interpreted by the laws of
the State of Illinois, United States of America, without reference to its
choice of law provisions. The shipper,
consignee, importer and owner agree that any and all legal actions brought by
any of them (regardless of whether based on a contract, tort, statute, or in
equity or otherwise) regarding or relating to the transportation, import,
export, entry, warehousing or other handling, expenses and charges of or for
the shipment(s) which are the subject of this invoice, or their relationship to
NNR, shall be exclusively brought in the state or federal courts in Cook
County, Illinois, United States of America.
The shipper, consignee, importer and owner hereby irrevocably agree that
said courts are an appropriate and convenient forum for the resolution of all
claims and irrevocably consent to the personal and subject matter jurisdiction
of the state and federal courts located in Cook County, Illinois, United States of America.
3. PAYMENT TERMS. The full amount of this invoice is due within
ten (10) days from the date of this invoice.
Any amount which is unpaid within that time shall accrue interest at the
rate of one and a half percent (1.5%) per month until paid, which interest
shall be added to the balance owed.
Regardless of to whom this invoice is issued, the shipper, consignee and
owner of the cargo jointly and severally guarantee to NNR the payment of all
amounts set forth in this invoice. All
amounts owed shall be paid without set-off, counterclaim, deduction or delay.
4. COLLECTION EXPENSES. If it becomes necessary for NNR to utilize a
collection agency and/or an attorney to collect any unpaid amount of this
invoice, the shipper, consignee and/or owner of the cargo shall be obligated to
pay the actual collection agency fees, attorneys fees and litigation or other
expenses, including but not limited to court costs, incurred by NNR, regardless
of whether litigation is actually filed.
5. DUTIES, TAXES AND OTHER CHARGES. NNR is authorized (but shall be under no
obligation) to advance any duties, taxes or charges and to make any
disbursements with respect to the cargo, and the shipper, consignee, importer
and owner shall be jointly and severally liable for the reimbursement
thereof. NNR shall be under no
obligation to incur any expense or to make any advance in connection with the
forwarding or reforwarding of the cargo except against repayment by the
shipper, consignee, importer or owner.
If it is necessary to make customs entry of the cargo at any place, the
cargo shall be deemed to be consigned at such place to the person named on the
bill of lading as customs consignee or, if no such person is named, to NNR or
to such customs consignee, if any, as NNR may designate. If, for any reason, it is impossible for NNR
to complete a contract of carriage or if the consignee fails or refuses to
accept delivery of the goods, NNR may store the goods at its applicable storage
rates or, at its option, may store the goods in a public warehouse, in which
event the storage rates charged by such warehouse shall apply. All such charges shall be the responsibility
of the shipper, consignee, importer and owner.
6. LIEN ON CARGO. NNR shall have a lien on any and all property
of the shipper, consignee, importer and/or owner (and documents relating
thereto) in NNR’s possession, custody or control for all charges, advances or
amounts of any kind due under this invoice or any prior or subsequent invoices
or contracts with the shipper, consignee or owner of the goods, and NNR may
refuse to surrender possession of the cargo until all such charges or debts are
paid in full. If such amounts remain
unpaid for 30 days after NNR’s demand for payment, NNR may sell such property
at public auction or private sale. The
proceeds of such sale shall be applied to the amounts owed. Any surplus shall be paid to the rightful
party, and the shipper, consignee, importer and/or owner shall remain
responsible for any deficiency.
7. PRESENTING CLAIMS. The consignee or other person entitled to
delivery must submit a written claim to NNR as follows:
(a) For
damage to or partial loss of the cargo, the claim must be submitted immediately
after discovery of the damage and at the latest within 14 days from receipt of
the goods;
(b) For delay in the delivery of the cargo,
the claim must be submitted within 21 days of the date the cargo is tendered to
the consignee;
(c) In cases of non-delivery (including
total loss or destruction) of the cargo, the claim must be submitted within 120
days from the date the waybill was issued; and
(d) For all other circumstances, the claim
must be submitted within 270 days from the date the waybill was issued.
Any rights, claims or damages which
the shipper, consignee or owner might have against NNR shall be extinguished
unless legal action is brought against NNR within two (2) years from the
earliest of (i) the date of the first full or partial delivery to the
consignee; (ii) the date on which the aircraft or steamship arrived at the
final port; or (iii) the date on which
the transportation stopped.
8. COMPLIANCE WITH REGULATIONS. The shipper, consignee and owner shall comply
with all applicable laws and government regulations of any country to, from,
through or over which the cargo might be carried, including those relating to
the packing, carriage, marking or delivery of the cargo. NNR is not liable or responsible to the
shipper, consignee, owner or anyone else for any fines, penalties, losses,
expenses or damages incurred or caused due to the shipper’s, consignee’s or
owner’s failure to comply with such laws or regulations.
9. DUTY TO FURNISH INFORMATION. On all shipments, the shipper, consignee,
importer and/or owner of the cargo shall provide to NNR all commercial invoices
and other documents or information necessary or useful to the transportation,
exportation or importation of the cargo, including but not limited to such
information and documents required to establish the dutiable value,
classification or admissibility of the cargo.
If all such information and documents are not fully, accurately and
timely provided to NNR, the shipper, consignee, importer and/or owner shall
indemnify and hold NNR harmless for all consequences of such failure, including
but not limited to any duties, fines, penalties or expenses, including
attorneys fees.
10. RELIANCE ON INFORMATION FURNISHED. On all shipments, the shipper, consignee,
importer and/or owner of the cargo acknowledge that it is required to review
all documents and other declarations prepared and/or filed with the U.S.
Customs & Border Protection, other Government Agencies and/or third
parties, and will immediately advise the Company of any errors, discrepancies,
incorrect statements, or omissions on any declaration or other submission filed
on Customer’s behalf. In preparing and
submitting customs entries, export declarations, applications, security
filings, documentation and/or other required data, the Company relies on the
correctness of all documentation, whether in written or electronic format, and
all information furnished by shipper, consignee, importer and/or owner of the
cargo. Shipper, consignee, importer
and/or owner of the cargo shall use 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
shipper, consignee, importer and/or owner’s failure to disclose information or
any incorrect, incomplete or false statement made by its agent, representative
or contractor upon which the Company reasonably relied. The shipper, consignee, importer and/or owner
of the cargo acknowledge they have an affirmative, non-delegable duty to
disclose any and all information required to import, export or enter the goods.
11. TEMPERATURE CONTROLLED CARGO. Except as agreed to in writing by NNR, the
shipper shall not tender any cargo which requires temperature control. For all temperature controlled cargo, the shipper
shall advise NNR in writing of the particular temperature range to be
maintained. If the cargo’s container has
been prepared by or on behalf of the shipper, the shipper warrants that the
container has been properly pre-cooled, that the cargo has been properly
packed, loaded and secured, and that the container’s thermostatic controls have
been properly set before delivery of the cargo to NNR.
12. QUOTATIONS NOT BINDING. Quotations as to fees, rates of duty, freight
charges, insurance premiums or other charges given by NNR to the shipper,
consignee, importer or owner are for informational purposes only and are
subject to change without notice and shall not under any circumstances be
binding upon NNR unless NNR in writing specifically undertakes the handling or
transportation of the shipment at a specific rate.
13. AMENDMENTS TO CONTRACT. Any alteration, modification or waiver of any
provisions of these terms and conditions must be in writing and signed by an
officer of NNR. No other employee,
agent, servant or representative has the authority to alter, modify or waive
any provision of these terms and conditions.
14. FIT FOR CARRIAGE. Except as agreed to in writing by NNR, the
shipper warrants that the cargo is fit for carriage (overseas and local), storage,
packing or other handling pursuant to the shipper’s instructions and are not
goods included in the IATA Dangerous Goods Regulations prevailing at the time
NNR receives the cargo. If the shipper
nevertheless delivers any such dangerous goods to NNR or causes NNR to accept
or handle or deal with any such goods, then whether or not NNR is aware of the
nature of such goods, the shipper, consignee, importer and owner shall be
liable for all expenses, costs, losses, damages, fines, penalties or other expenses
of any sort incurred by NNR in connection with the cargo and shall indemnify
NNR against all such amounts and any other liabilities or claims arising in
connection with the goods. In addition,
NNR, in its sole discretion, may destroy the cargo or otherwise deal with it at
the risk and expense of, and without liability to, the shipper, consignee,
importer and owner.
15. PERISHABLE GOODS. Perishable goods which are not taken up
immediately upon arrival, or which are insufficiently addressed or marked or
otherwise not readily deliverable for any cause beyond NNR’s control, may be
sold or otherwise disposed of without any notice to the shipper, consignee,
importer or owner, and payment or tender of the net proceeds of any sale after
deduction of all charges and expenses shall constitute delivery of the
goods. All charges and expenses incurred
by NNR in connection with the sale or other disposal of the goods shall be paid
by the shipper, consignee, importer or owner.
16. SEVERABILITY. If any provision of these terms and
conditions is declared void, invalid or unenforceable by any court of law or
administrative agency, the provision shall remain in effect to the extent that
it is valid or enforceable, and all remaining provisions shall remain in full
force and effect.