1.1 Linear Shipping Inc. “Company” functions solely as an agent, acting on behalf of its Customer in facilitating the engagement of third-party service providers for transportation, loading, and logistics purposes. The term "Customer" refers to the booking party, USPPI, shipper, cargo owner or its agent, consignor, and consignee when assessing the Company's rights or duties under these terms. All Company services are subject to third-party service provider terms and conditions. The Company can employ third-party providers for ocean, rail, air, inland transportation, warehouse services, customs brokerage, or any other logistics services.
1.2 Company provide free logistics consulting to its customers. Information provided without any legal obligation and should not be shared with any individual or entity without obtaining the Company's explicit written consent.
1.2 Company provide free logistics consulting to its customers. Information provided without any legal obligation should not be shared with any individual or entity without obtaining the Company's explicit written consent.
1.3 These Terms are also applicable in situations when a claim is brought against any employee, agent, or independent contractor who is engaged by the Company to perform carriage or other services for the Customer. The collective liability of the Company and its affiliates shall not exceed the preset limitations specified in the liability Terms outlined within this document.
1.4 The Company ensures that it will exercise due diligence in the selection of third-party service providers and carry out its Services in a manner that is both reasonable and timely. This will moreover render it a rational undertaking to satisfy the Customer's requests and instructions, as long as they remain within the parameters specified in these terms and conditions.
1.5 If the Company identifies any form of misconduct by the Customer during any phase of the transaction, the Company retains the prerogative to decline the provision of service. In the event of unforeseen events or circumstances, if the Company deems it reasonable to deviate from the Customer's instructions, the Company is permitted to do so without incurring additional liability for any resulting choices or acts.
1.6 The Company will take all reasonable steps to notify Customer of events or circumstances that, in its sole opinion, make the service impossible after entering into a contract or agreement and seek further guidance. If the Customer fails to instruct the Company within a reasonable time on how to proceed, the Company reserves the right to take any necessary action in its sole discretion to best mitigate the situation for all parties and shall not incur any additional liability. At its discretion to minimize the situation for all parties and assume no further obligation. If so, the Customer will pay the Company for any extra Service charges.
2.1. The Customer confirms that he / she is the Owner or the cargo, USPPI, or its authorized agent and accepts these Terms and Conditions.
2.2 The Customer is deemed competent and has a reasonable understanding of the areas of his / her business and aware about the laws and regulations for the goods being transported, license required for exportation of the goods, export and import country restrictions.
2.3. Customer assures, that before being loaded, all cargo intended for shipping will undergo an inspection process. Goods will be packed and stowed professionally, and tagged clearly and appropriately by the Customer. The company bears no liability for any damage resulting from inadequate packaging. If a container is chosen for CBP Examination and then transferred to a bonded warehouse, it should be noted that the company cannot be held liable for any damages that may arise during the unloading, examination, and reloading procedures.
2.4. The Customer confirms that all information of any kind concerning the cargo, general and dangerous nature of the goods, description and number of the goods, HS code, weight, value, volume, quantity of the goods, seal, container number, USPPI ID, passport and EIN, as well as consignee information is legit, accurate and complete. The Customer further agrees to provide additional information concerning the shipment upon the request of the Company, USCBP, and / or Carrier. The Customer shall bear all consequences, including fines, penalties, civil and criminal charges, and all other costs arising from misdeclaration or shipment of prohibited items (please see the disclaimer for Items Prohibited from Export from the United States). If container sailed and later determined that declared information is inaccurate or falsified, CBP can request your container back to the US at the Customer expense.
2.5 The Customer must accept NRA (non - negotiable rate agreement), sign contract, disclaimers, USPPI, Form and provide requested documents including but not limited to copy of the Government ID, passport, IRS letter confirming EIN, Business license, Chamber of Commerce certificate prior shipment.
2.6. The Customer is responsible paying outstanding invoices immediately when due.
2.7. After entering into a contract or agreement with the Company, the Customer (booking party, consignor, consignee, USPPI, owner of the cargo, or its agent) is fully liable to fulfill all financial responsibilities in front of the Company for all provided services, arrange import clearance of the container, pick up the shipment at destination, and return empty equipment to the carrier (terminal). In the event container is selected for CBP Examination, Customer is responsible to pay ALL charges related to the exam included but not limited to Intensive Exam Fees, Initial Examination Fee, VACIS Exam charge, Gate Out fee, Container Shifting Fee, Demurrage, Detention, Storage, Administrative fee.
2.8. In the event of cargo abandonment, at the destination or at origin, all charges, including but not limited to Freight, Demurrage, Detention, Port charges, administrative fees, Examination fee, etc. charges will be transferred to the Customer (booking party, USPPI, owner of the cargo, or its agent) account. In case of non-payment, the Company reserves the right to submit a claim to the Customer's bond company (if Customer is licensed NVOCC or Freight Forwarder) or send Customer's account to the collection and/or send the case for legal action.
3.1. Customers must contact the Company and provide a Material Safety Data Sheet with detailed information before sending flammable, explosive, radioactive, hazardous, or lethal materials. Dry containers cannot convey dangerous material. Hazardous items include but are not limited to batteries, oils, scents, sanitizers, paint, explosives, sprays, hybrid, and electrical cars. Before booking, advise the Company of any plans to load said items inside the container. The client must notify the Customer of hazardous shipments. Placards must also be attached to all four sides of the containers.
3.2. Failure to comply with the requirements of subparagraph 4.1., Customer shall indemnify the Company and all third - party providers for any instances of death, loss, damage, fines, charges, duties, or expenditures that may arise because of shipping Hazardous Materials without obtaining prior written consent.
3.3. Containers with the goods which will be determined dangerous by third-party providers or the Company, can at anytime and anywhere be removed from the vessel, disposed, or sent back to the sender without the Company and affiliated parties being responsible. If container gated into the Terminal and shipping line determined the content of the shipping goods to be Hazardous, and container needs to be drayed off the port, all charges, responsibilities, or expenses will be added to the Customer's account.
4.1. All rates provided are for estimated purposes only. Rates are susceptible to changes influenced by external factors such as fuel prices, General Rate Increases (GRIs) or implementation of other surcharges by shipping / air lines, transportation companies etc. Rates can be amended at any time. Also, if the cargo dimensions, weight deviates from originally provided measurements transportation cost will increase or decrease.
4.2. If container / shipment selected for Customs examination, in addition to the initially provided rates, container / shipment will be subject to fees imposed by regulatory agencies, charges from Customs authorities and bonded warehouses, as well as demurrage, detention, rollover, administrative penalties, etc.
4.3. The Customer shall pay to the Company via Wire transfer, ACH, Money Order, Zelle, Cashier Check, or Company Checks. All fees must be paid prior to or at the due date. Shipment will not be released without payment. Release might take up to 72 hours if paid via Wire transfer, ACH, Money Order, Zelle, Cashier Check, or up to one week if paid by Company Check.
4.4. Payment term - Net 30. If invoices are not being paid withing the agreed payment terms but paid prior vessel arrival invoices will be subject to the late fee of $100.00. If invoices are still not paid after the vessel's discharge at final destination invoices will be subject to $300.00 late fee.
5.1. Company rates do not include marine insurance coverage. The Company will not purchase marine insurance unless the Customer requests it in writing within a reasonable timeframe before the shipment's departure. Insurance quotes will be provided upon Customer's request. Since Company acts only as an agent on behalf of the Customer, insurance polis is the subject to the terms and conditions of third-party insurance provider. The Customer must provide a cargo condition report before requesting insurance. Marine insurance is port to port only.
5.2. If the Customer makes a claim on their insurance coverage, the Company is not responsible if the customer cannot recover any damage or loss.
5.3. Insurance will be automatically annulled if the container is selected for CBP examination.
5.4. If the Customer decide to not ensure the shipment through us or another company, we are not responsible for any loss or damage of goods that may occur during transportation, loading, or storage.
6.1. The Company shall be indemnified by the Customer for any fines, penalties, charges, duties, taxes, losses, damages, and liabilities beyond the agreed liability outlined in these Terms and Conditions. The Customer is obligated to absolve the Company of all claims that may arise from the provision of the Services. Without prejudice to any other provision contained herein, we disclaim any liability for:
The Company will not be deemed to be in breach of this Agreement and shall be exempt from fulfilling its obligations or being held liable for damages to any other party if it is delayed or unable to perform any provisions of this Agreement due to circumstances beyond its control, such as acts of God, omissions, riots, storms, earthquakes, wars, sabotage, floods, explosions, invasions, acts of public enemies, third-party bankruptcies, or any other causes that are deemed beyond the reasonable control of the Company.
6.2 The Customer releases the Company, its employees, subcontractors, and agents from any and all liabilities related to the services provided.
6.3 These Terms and Conditions apply when a claim is made against an employee, agent, contractor, or subcontractors contracted by the Company to perform Services for the Customer. The Company and the affiliated parties' complete liabilities are limited by these terms and conditions.
The Company can put a Lien on Customers' property to recover payment for the Services provided at any time. Also, if container / shipment arrived at the destination and invoice was not paid, the Company may change the consignee of the shipment with 7 days' written notice. The Company reserves the right to sell or dispose of Customer's property or material. If disposed Customer is responsible paying all charges related to disposition or abandonment. If Company was able to sell the items, Company will apply money recovered from sale toward Customer's open invoices. The Customer shall be responsible for the remaining amount payable if the revenue from these goods is inadequate to cover the Company's financial expenditures. We exclude all liability unless agreed upon in writing.
The Terms are subject to the jurisdiction of the legal framework established by the State of Texas. Upon agreeing to the provisions outlined in these Terms and Conditions, the Customer unequivocally grants agreement to the sole jurisdiction of the local state and federal courts. The involved parties have reached a mutual agreement to utilize electronic communications as the designated medium for conducting official business transactions. The legal effectiveness of such communications will be governed by the requirements outlined in the Uniform Electronic Transactions Act (UETA), which is a United States Uniform Act proposed by the National Conference of Commissioners on Uniform State Laws.