1. Definitions. (a) "Company" shall mean RGA Logistics LLC, its
subsidiaries, related companies, agents and/or
2. Company as agent.
The Company acts as the "agent" of the Customer
for the purpose of performing duties in
connection with the entry and release of goods,
post entry services, the securing of export
licenses, the filing of export documentation on
behalf of the Customer and other dealings with
Government Agencies: as to all other services,
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) All suits against Company must be filed
and properly served on Company as follows: (i) For claims arising out of ocean
transportation, within one (1) year from the
date of the loss;
4. No Liability For The Selection or Services
of Third Parties and/or Routes.
Unless services are performed by persons or
firms engaged pursuant to express written
instructions from the Customer, 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 to mean that the Company
warrants or represents that such person or firm
will render such services nor does Company
assume responsibility or liability for any
actions(s) and/or inaction(s) of such third
parties and/or its agents, 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
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) Customer acknowledges that it is required to
review all documents and declarations prepared
and/or filed with the Customs Service, other
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
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
therefor; 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,
subject to the terms of the third party’s
limitations of liability and/or terms and
conditions of service.
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, Customer shall
pay all premiums and costs in connection with
procuring requested insurance.
9. Disclaimers; Limitation of Liability.
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, and further
agrees to indemnify and hold the Company
harmless against any and all liability, 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, it
shall give notice in writing to the Customer by
mail at its address on file with the Company.
12. C.O.D. or Cash Collect Shipments.
Company shall use reasonable care regarding
written instructions relating to "Cash/Collect"
on "Deliver (C.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 have not liability if the bank
or consignee refuses 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, including reasonable attorney’s fees
and interest at 15% per annum or the highest
rate allowed by law, whichever is less, unless a
lower amount is agreed to by Company.
14. General Lien and Right To Sell Customer’s
15. No Duty To Maintain Records For Customer.
Customer acknowledges that pursuant to Sections
508 and 509 of the Tariff Act, 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 other Laws and
Regulations of the United States; unless
otherwise agreed to in writing, the Company
shall only keep such records that it is required
to maintain by Statute(s) and/or Regulation(s),
but not act as a "record keeper" or
"recordkeeping agent" for Customer.
16. Obtaining Binding Rulings, Filing Protests,
Unless requested by Customer in writing and
agreed to by Company in writing, Company shall
be under no obligation to undertake any pre- or
post Customs release action, including, but not
limited to, obtaining binding rulings, advising
of liquidations, filing of petition(s) and/or
17. Preparation and Issuance of Bills of Lading.
Where Company prepares and/or issues a bill of
lading, Company shall be under no obligation to
specify thereon the number of pieces, packages
and/or cartons, etc.; unless specifically
requested to do so in writing by Customer or its
agent and Customer agrees to pay for same,
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 unilaterally 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. In
any referral for collection or action against
the Customer for monies due the Company, upon
recovery by the Company, the Customer shall pay
the expenses of collection and/or litigation,
including a reasonable attorney fee.
In the event any Paragraph(s) and/or portion(s)
hereof is found to be invalid and/or
unenforceable, then in such event the remainder
hereof shall remain in full force and effect.
21. Governing Law; Consent to Jurisdiction and
These terms and conditions of service and the
relationship of the parties shall be construed
according to the laws of the State of South
Carolina without giving consideration to
principals of conflict of law. Customer and
TERMS AND CONDITIONS. The CUSTOMER acknowledges
that it has reviewed the terms and conditions of
RGA Logistics LLC. The CUSTOMER agrees that all
business transacted by RGA Logistics LLC is
under the terms and conditions of the NATIONAL
CUSTOMS BROKER AND FREIGHT FORWARDER ASSOCIATION
OF AMERICA INC. All terms and conditions are governed under the state of South Carolina.
Attorneys Fees. Should RGA Logistics LLC. consult an attorney or a
collection agency to enforce any of the provisions herein and /or those
provisions set forth in the aforementioned Terms and Conditions of
Service which have been breached by the CUSTOMER, the CUSTOMER, its
owners, shareholders, partners agree that in
RGA Logistics LLC limit of liability is fifty ($50.00 )dollars per
shipment. Shipments are not insured by RGA Logistics LLC. unless the
Customer requests insurance in writing and RGA Logistics LLC confirms
insurance in writing.
As per CFR 111.29b(1) IF YOU ARE THE IMPORTER OF RECORD, PAYMENT
TO THE BROKER WILL NOT RELIEVE YOU OF LIABILITY FOR CUSTOMS CHARGES
(DUTIES,TAXES, OR OTHER DEBTS OWED CUSTOMS) IN THE EVENT THE CHARGES ARE
NOT PAID BY THE BROKER. THEREFORE, IF YOU PAY BY CHECK, CUSTOMS CHARGES
MAY BE PAID WITH A SEPARATE CHECK PAYABLE TO THE U.S. CUSTOMS SERVICE
WHICH SHALL BE DELIVERED TO CUSTOMS BY THE BROKER.