Terms and Conditions

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 All Shore Forwarders, Ltd (hereinafter called the "Company") on the following terms and conditions except if lawfully prohibited by 19 CFR part 11144.

2. Liability Limitations of Third Parties. The Company is authorized to select and engage carriers, truckmen, lightermen, forwarders, customhouse 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, truckmen, lightermen, forwarders, customhouse brokers, agents, warehousemen and others. The Company 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 the Company to forward, enter and clear, transport or render other services with respect to such goods.

3. Choosing Routes or Agents. Unless express instructions in writing are received from the Customer, the Company has complete freedom in choosing the means, route, and procedure to be followed in the handling, transportation, and delivery of the goods.

4. Quotations Not Binding. Estimations and consultations provided by Company serve as a guideline only and are based on preliminary information provided by shipper. Final cost for shipping services will be subject to change if the details of actual shipment differ from original arrangements. The quotation provided by Company is valid for 30 days only and can be revised in response to general tariff changes in the transportation industry. The shipper agrees to pay the freight and any other lawful charges for the provided services before the date of exportation of the goods.

5. Duty To Furnish Information. On an import shipment, the Customer shall furnish to the Company, (at a reasonable time prior to entering of the goods for U.S. Customs,) invoices in proper form and other documents necessary or useful in the preparation of the U.S. Customs entry and, also, such further information as may be sufficient to establish the dutiable value, the classification and admissibility pursuant to U.S. law or regulation. The Customer shall be bound by and warrant the accuracy of all invoices, documents, and information furnished to the Company by the Customer or its agent for export, entry, or other purposes and the Customer agrees to indemnify and hold harmless the Company against any increased duty, penalty, fine, or expense, including attorneys fees resulting from any inaccuracy or omission or any failure to make timely presentation, even if not due to any negligence of the Customer.

6. 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., the Company 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 trucker, etc., subject to the limitation of liability set forth herein in paragraph 8 with respect to any claim against the Company and subject to the provisions of paragraph 2 above.

7. Insurance. Customer has the option to purchase Ocean Marine or Air Cargo Insurance through All Shore Forwarders, Ltd or is free to obtain all risk marine insurance or air cargo insurance at his own expense with an endorsement to cover the complete cost of his merchandise, goods, and/or vehicles while being stored, consolidated, and in the care of the Company. The Company will make reasonable efforts to effect marine, fire, theft, and other insurance upon the goods only after specific written instructions have been received by the Company in sufficient time prior to shipment from point of origin, and the Customer at the same time states specifically the amount of insurance to be placed. Any insurance placed shall be governed by the certificate or policy issued and will only be effective when accepted by such insurance companies or other underwriters. Should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and the Company shall not be under any responsibility or liability in relation thereto, not withstanding that the premium upon the policy may not be at the same rates as that charged or paid to the Company by the Customer, or that the shipment was insured under a policy in the name of the Company. Insurance premiums and the charge of the Company for arranging the same shall be at the Customer's expense.

8. Liability of Company. It is agreed that any claim or demand for loss, damage, expense, or delay shall be only against the carriers, truckmen, lightermen, forwarders, customhouse brokers, agents, warehousemen, or others in whose actual custody or control the goods may be at the time of such loss, damage, expense, or delay, and that the Company shall not be liable or responsible for any claim or demand from any cause whatsoever unless in each case the goods were in the actual custody or control of the Company and the damages alleged to have been suffered be proven to be caused by the negligence or other fault of the Company, its officers, or employees. The Company shall not in any circumstances be liable for damages arising from loss of profit.

9. Presenting Claims. In no event shall the Company be liable for any act, omission, or default by it in connection with an exportation or importation, unless a claim therefor shall be presented to it at its office within ninety (90) days from date of exportation or importation of the goods in a written statement to which sworn proof of claim shall be attached. No suit to recover for any claim or demand hereunder shall in any event be maintained against the Company unless instituted within three (3) months after presentation of the said claim as above provided. No agent or employee of the Company shall have authority to alter or waive any of the provisions of this clause.

10. Advancing Money. The Company 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. The Company shall be under no obligation to advance freight charges, customs duties, or taxes on any shipment, nor shall any advance by the Company be construed as a waiver of the provisions hereof.

11. Indemnification for Freight; Duties. In the event that a carrier, other person, or any government agency makes a claim or institutes legal action against the Company for ocean or other freight, duties, fines, penalties, liquidated damages or other money due arising from a shipment of goods of the Customer, the Customer agrees to indemnify and hold harmless the Company for any amount the Company may be required to pay such carrier, other person, or governmental agency together with reasonable expense, including attorney fees, incurred by the Company 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 the Company to pay all charges or other money due promptly on demand.

12. General Lien on Any Property. The Company shall have a general lien on any and all property (and documents relating thereto) of the Customer, in its possession, custody, or control or en route, for all claims for charges, expenses, or advances incurred by the Company in connection with any shipments of the Customer and if such claim remains unsatisfied for thirty (30) days after demand for its payment is made, the Company may sell at public auction or private sale, upon ten (10) days written notice, registered mail (R.R.R.), to the Customer, the goods, wares, and/or merchandise, or so much thereof as may be necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of the amount due to the Company. Any surplus from such sale shall be transmitted to the Customer, and the Customer shall be liable for any deficiency in the sale.

13. No Responsibility for Governmental Requirements. It is the responsibility of the Customer to know and comply with the marking requirements of U.S. Customs, the regulations of the U.S. Food and Drug Administration, and all other requirements of law or official regulations. The Company 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 requirements of any governmental agency or with a notification issued to the Customer by any such agency.

14. Loss, Damage, or Expense Due To Delay. Shipping time is approximated and the Company is not responsible for any delays caused by highway problems, steamship line schedule changes, vessel over-booking, technical problems in equipment or vehicles, strikes, port authorities' rulings, labor problems at the origin or destination, and other reasons beyond our control including "force majeure".

15. Cancellation Fees. A cancellation fee of $ 200.00 per shipment will be assessed, if the following services have been provided by the company; Booking of the cargo with an appropriate steamship line or airline, preparation of the required dock receipt & master bill of lading for ocean shipments or air waybill for air freight shipments. Any expenses incurred by the company will be deducted from the amount to be refunded as well.

16. Construction of Terms and Venue. The foregoing terms and conditions shall be construed according to the laws of the State of New Jersey. Unless otherwise consented to in writing by the Company, no legal proceeding against the Company may be instituted by the Customer, its assigns, or subrogee except in New Jersey.