Cargo Screening Services (CSS) - Shipment Rules, Terms & Conditions
ACCEPTANCE – Sec. 1
(a) These terms and conditions which are part of the Cargo Screening Authorization and Receipt, including established charges endorsed on or attached hereto is accepted by depositor of merchandise by signature of depositor on the reverse side of this document. In the absence of written acceptance, the act of tendering goods described herein for screening and/ or other services by Cargo Screening Services - Boston LLC from the date merchandise is received at Cargo Screening Services - Boston LLC shall constitute such acceptance by depositor.
(b) In the event that goods tendered for screening or other services do not conform to requirements dictated by Cargo Screening Services - Boston LLC and as described or contained herein, Cargo Screening Services - Boston LLC may refuse to accept such goods. If Cargo Screening Services - Boston LLC accepts such goods, depositor agrees to rates and charges as may be assigned and invoiced by Cargo Screening Services - Boston LLC and to all terms of this contract.
(c) Unless otherwise agreed to be the depositor and Cargo Screening Services - Boston LLC in the form of a written document, covenant to this agreement or amendment, this contract may only be cancelled in the event that any provision of item (b) above is cited.
SHIPPING – Sec. 2
Depositor agrees not to ship goods to Cargo Screening Services - Boston LLC as the named consignee. If, in violation of this agreement, goods are shipped to Cargo Screening Services - Boston LLC as named consignee, depositor agrees to notify the motor carrier, air carrier or ocean carrier, in writing prior to such shipment, with copy of such notice to Cargo Screening Services - Boston LLC, that Cargo Screening Services - Boston LLC named as consignee is a Certified Cargo Screening Facility and has no beneficial title or interest in such property and depositor further agrees to indemnify and hold harmless Cargo Screening Services - Boston LLC from any and all claims for unpaid transportation charges, including undercharges, demurrage, detention
or charges of any nature, in connection with goods so shipped. Depositor further agrees that, if it fails to notify carrier as required by the preceding sentence, Cargo Screening Services - Boston LLC shall have the right to refuse such goods and shall not be liable or responsible for any loss, injury or damage of any nature to, or related to, such goods.
TENDER FOR SCREENING – Sec. 3
All goods for screening shall be delivered at the warehouse properly marked and packaged for handling. The depositor shall furnish at or prior to such delivery,: 1.) Airline airwaybills clearly showing pieces, weights, description of merchandise and description of packaging 2.) Bill of lading from inbound carrier clearly reflecting total number of Airline Airway bills and respective pieces and weights that correspond with such and 3.) Delivery requirements
that include Airline or carrier for delivery, required time for delivery to such Airline or Carrier.
CHARGES – Sec. 4
(a) All charges for screening are per piece or on a per kilo basis. Handling Charges are assessed as dictated and required.
(b) Screening charges and associated charges (inclusive of any applicable handling and delivery) will become due and payable upon the date that Cargo Screening Services - Boston LLC accepts care, custody and control of the goods at its warehouse facility.
(c ) Charges for services are as follows:
Screening Charges:
The greater of $2.75 per piece or $.10/kg for Export cargo with a minimum charge of $15.00 per Airbill. The rates are applied per each piece or weight
of screened cargo
Load and Transfer Charges:
Charges are for the unloading and reload of cargo onto Unit Load Devices (ULDS) and transferring such ULD/ pallets onto delivery truck
LD2, LD3, D Container:$40.00 per ULD
LD4- 8: $65.00 per ULD
LD7: $90.00 per ULD
LIABILITY AND LIMITATION OF DAMAGES – Sec. 5
(a) Cargo Screening Services - Boston LLC shall not be liable for any loss, consequential damages (inclusive of delay) or injury to goods screened, handled or delivered to carrier while performing its Certified Cargo Screening services within the prescribed guidelines and approved procedures as mandated by the U.S. Government and administered through Homeland Security and the Transportation Security Administration however caused unless such loss or injury resulted from the failure by Cargo Screening Services - Boston LLC to exercise such care in regard to them as a reasonably careful Certified Cargo Screening Facility operator would exercise under like circumstances and in accordance with the prescribed and approved guidelines.
(b) goods are not insured by Cargo Screening Services - Boston LLC against loss, delay or injury however caused.
(c) Cargo Screening Services - Boston LLC liability is limited to a maximum of .50 (fifty cents) per pound on the said merchandise damaged, provided, however, that Cargo Screening Services - Boston LLC has been accepted liability for such damages as described in the above provision (a).
(d) where loss or injury occurs to screened merchandise (inclusive of merchandise detonating), for which Cargo Screening Services - Boston LLC is not liable, the depositor shall be responsible for the cost of removing and disposing of such goods and the cost of any environmental clean up and site remediation resulting from the loss or injury to the goods.
(e) In the event that the screened merchandise has failed screening, depositor shall be liable for any and all costs associated with containment, movement, disposing and reporting of such.
NOTICE OF CLAIM AND FILING OF SUIT – Sec. 6
(a) Claims by the depositor and all other persons must be presented in writing to Cargo Screening Services - Boston LLC within a reasonable time, and
in no event longer than either 60 days after delivery of the goods by Cargo Screening Services - Boston LLC or 60 days after depositor of record or the last known holder of the Cargo Screening Authorization Receipt is notified by Cargo Screening Services - Boston LLC that loss or injury to part or all of
the goods has occurred, whichever time is shorter.
(b) No action may be maintained by the depositor or others against Cargo Screening Services - Boston LLC for loss or injury to the goods stored unless timely written claim has been given as provided in paragraph (a) of this section and unless such action is commenced either within nine months after
date of delivery by Cargo Screening Services - Boston LLC or within nine months after depositor of record or the last known holder of a negotiable warehouse receipt is notified that loss or injury to part or all of the goods has occurred, whichever time is shorter.
(c) When goods have not been delivered, notice may be given of known loss or injury to the goods by mailing of a registered or certified letter to the depositor of record or to the last known holder of Cargo Screening Authorization Receipt. Time limitations for presentation of claim in writing and maintaining of action after notice begin on the date of mailing of such notice by Cargo Screening Services - Boston LLC.
LIABILITY FOR CONSEQUENTIAL DAMAGES – Sec. 7
Cargo Screening Services - Boston LLC shall not be liable for any loss of profit or special, indirect, or consequential damages of any kind.
LIABILITY FOR MISSHIPMENT – Sec. 8
If Cargo Screening Services - Boston LLC negligently misships goods, Cargo Screening Services - Boston LLC shall pay the reasonable transportation charges incurred to return the misshipped goods to the warehouse. If the consignee fails to return the goods, Cargo Screening Services - Boston LLC maximum liability shall be for the lost or damaged goods as specified in Section 5 above, and Cargo Screening Services - Boston LLC shall have no liability
for damages due to the consignee’s acceptance or use of the goods whether such goods be those of the depositor or another.
MYSTERIOUS DISAPPEARANCE – Sec. 9
Cargo Screening Services - Boston LLC shall not be liable for loss of goods due to inventory shortage or unexplained or mysterious disappearance of goods unless depositor establishes such loss occurred because of Cargo Screening Services - Boston LLC failure to exercise the care required of Cargo Screening Services - Boston LLC under Section 5 above. Any presumption of conversion imposed by law shall not apply to such loss and a claim by depositor of conversion must be established by affirmative evidence that the Cargo Screening Services - Boston LLC converted the goods to Cargo Screening Services - Boston LLC ‘s own use.
RIGHT TO STORE GOODS – Sec. 10
Depositor represents and warrants that depositor is lawfully possessed of the goods and has the right and authority to have Cargo Screening Services - Boston LLC provide Cargo Screening in accordance with a Certified Cargo Screening Facility. Depositor agrees to indemnify and hold harmless Cargo Screening Services - Boston LLC from all loss, cost and expense (including reasonable attorneys’ fees) which Cargo Screening Services - Boston LLC pays or incurs as a result of any dispute or litigation, whether instituted by Cargo Screening Services - Boston LLC or others, respecting depositor’s right, title
or interest in the goods. Such amounts shall be charges in relation to the goods and subject to Cargo Screening Services - Boston LLC’s lien.
ACCURATE INFORMATION – Sec. 11
Depositor will provide Cargo Screening Services - Boston LLC with information concerning the merchandise to be screened which is accurate, complete and sufficient to allow Cargo Screening Services - Boston LLC to comply with all laws and regulations concerning the screening of the goods. Depositor
will indemnify and hold Cargo Screening Services - Boston LLC harmless from all loss, cost, penalty and expense (including reasonable attorneys’ fees) which Cargo Screening Services - Boston LLC pays or incurs as a result of depositor failing to fully discharge this obligation.
SEVERABILITY and WAIVER – Sec. 12
(a) If any provision of this receipt, or any application thereof, should be construed or held to be void, invalid or unenforceable, by order, decree or judgment of a court of competent jurisdiction, the remaining provisions of this receipt shall not be affected thereby but shall remain in full force and effect.
(b) Cargo Screening Services - Boston LLC’s failure to require strict compliance with any provision of the Cargo Screening Authorization Receipt shall not constitute a waiver or estoppel to later demand strict compliance with that or any other provision(s) of this Cargo Screening Authorization Receipt.
(c) The provisions of this Cargo Screening Authorization Receipt
shall be binding upon the depositor’s heirs, executors, successors and assigns; contain the sole agreement governing goods to be screened with the Cargo Screening Services - Boston LLC; and, cannot be modified except by in writing signed by Cargo Screening Services - Boston LLC.
Governing Law; Consent to Jurisdiction and Venue. Sec 13
These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the Commonwealth of Massachusetts without giving consideration to principals of conflict of law.
Customer and Company
(a) irrevocably consent to the jurisdiction of the United States District Court and the State courts of the Commonwealth of Massachusetts
(b) agree that any action relating to the services performed by Company, shall only be brought in said courts;
(c) consent to the exercise of in personam jurisdiction by said courts over it, and
(d) further agree that any action to enforce a judgement may be instituted in any jurisdiction.