Terms and Conditions

CUSTOMER INFORMATION:     ROBERT F. BARNES CUSTOMS BROKERS has a strict policy for handling customer information. The information you provide to ROBERT F. BARNES CUSTOMS BROKERS is confidential and protected to the fullest extent possible. ROBERT F. BARNES CUSTOMS BROKERS will not disclose or distribute customer information to third parties without prior written consent by the customer.

 

ROBERT F. BARNES CUSTOMS BROKERS WEBSITE POLICY:     By accessing the ROBERT F. BARNES CUSTOMS BROKERS website ("Site"), you agree to be bound by the terms and conditions below (the "Terms"). If you do not agree to all of the Terms, please do not use the Site. ROBERT F. BARNES CUSTOMS BROKERS may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

 

PRIVACY:      It is ROBERT F. BARNES CUSTOMS BROKERS policy to respect the privacy of individuals who visit the Site or provide Comments to us. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

 

MISCELLANEOUS:     These Terms are governed by and shall be construed in accordance with the laws of the state of Texas without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by ROBERT F. BARNES CUSTOMS BROKERS.

 

SOU-TIER INC. d/b/a ROBERT F. BARNES CUSTOMS BROKERS, TERMS AND CONDITIONS OF SERVICE

 

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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 the SOU-TIER INC. d/b/a ROBERT F. BARNES CUSTOMS BROKERS (hereinafter called the "Company") on the following terms and conditions:

 

1.   Services  by Third  Parties.      Unless the Company carries, stores or otherwise physically handles the shipment, and  loss, damage, expense  or delay occurs  during  such  activity,  the Company assumes no liability as a carrier and is not to be held responsible for any loss, damage, expense or delay to the goods to be forwarded or imported except as provided in paragraph 8 and subject to the limitations of paragraph 9 below, but undertakes only to use reasonable care  in the  selection  of carriers,  truckmen,  lightermen, forwarders,  customs  brokers,  agents,  warehousemen  and  others to  whom  it  may  entrust the goods  for  transportation,  cartage,  handling  and/or  delivery  and/or  storage or otherwise.    When Company carries, stores or otherwise physically handles the shipment,  it does so subject to the limitation of liability set forth in paragraph 8 below unless a separate bill of lading, air waybill or other contract of carriage is issued by the Company, in which event the terms thereof shall govern.

 

2.   Liability Imitations of Third Parties.      The Company is authorized to select  and  engage  carriers,  truckmen,  lightermen,  forwarders,  customs  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, customs 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 allowed In the handling, transportation and delivery of the goods.  Advice by the Company to the  Customer 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.

 

4.   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 and shall not under any circumstances  be  binding upon the Company unless the Company in writing specifically undertakes the handling or transportation of the shipment at a specific rate.

 

5.   Duty to Furnish Information.  

      (a)   On an import at a reasonable time prior to entering of the goods for U.S. Customs, the Customer shall furnish to the Company 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, inter alia, the dutiable value, the classification, the country of origin, the genuineness of the merchandise and any mark or symbol associated with it the Customer's right to import and/or distribute  the merchandise,  and the merchandise's admissibility,  pursuant to U.S. law or regulation.   If the Customer fails in a timely manner to furnish such information or documents, in whole or in part, as may be required to complete U.S. Customs entry or comply with U.S. laws or regulations, or if the information or documents furnished are inaccurate or incomplete, the Company shall be obligated only to use its best judgment in connection with the shipment and in no instance shall be charged with knowledge by the Customer of the true circumstances to which such inaccurate, incomplete, or omitted information or document pertains. Where a bond is required by U.S. Customs to be given for the production of any document or the performance of any act, the Customer shall be deemed bound by the terms of the bond notwithstanding the fact that the bond has been executed by the Company as principal, it being understood that the Company entered into such undertaking at the instance and on behalf of the Customer, and  the  Customer shall  indemnify  and  hold  the  Company  harmless  for the  consequences of any  breach of the terms of the bond.

      (b)   On an export at a reasonable, time prior to the exportation of the shipment the Customer shall furnish to the Company the commercial Invoice in proper form and number, a proper consular  declaration, weights, measures, values and other information in tile language of and as may be  required  by  the  laws  and   regulations  of  the U.S. and the country of destination of the goods.    

      (c)   On an export or import the Company shall not in any way be responsible or liable  for  increased  duty,  penalty,  fine or expense unless caused  by the negligence or other fault of the Company, in which event its liability to the Customer shall be governed by the  provisions of  paragraphs 8 and 9  below. 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, incomplete statement, omission or any failure to make timely presentation, even if not due to any negligence of the Customer.

 

6.   Declaring Higher Valuation.      In as much 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 truckers,  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 truckers, etc., subject to the limitation of liability set forth herein in paragraphs  8 - 9 below with respect to any claim against the Company and subject to the provisions of paragraph 2 above.

 

7.   Insurance.       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 kind  and  amount of insurance to  be placed.  The Company does not undertake or warrant that such insurance can or will be placed.  Unless the Customer has its own open marine policy and instructs the Company to effect insurance under such policy, insurance is to be effected with one or more insurance companies or other underwriters to be selected by the Company. Any insurance placed shall be governed by the certificate or policy issued and will only be effective when accepted by such insurance companies or 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 of liability in relation thereto, notwithstanding 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. If for any reason the goods are hold in warehouse, or elsewhere, the same will not be covered by any insurance, unless the Company receives written instructions from the Customer.  Unless specifically agreed in writing, the Company assumes no responsibility to effect insurance on any export or import shipment which it does not handle.

 

8.   Limitation of Liability for Loss, etc.    

      (a)   The Customer agrees that the Company shall only be able for any loss, damage, expense or delay to the goods resulting from the negligence or other fault of the Company; such ability shall be limited to an amount equal to the lesser or fifty dollars ($50.00) per entry or shipment or the fee(s) charged for the services, provided that, In the case of partial loss, such amount will be adjusted pro rata;

      (b)   Where the Company issues its own bill of lading and receives freight charges as its compensation, Customer has the option of paying a special compensation and increasing the limit of Company's liability up to the shipment's actual value; however, such option must be exercised by written agreement, entered into prior to any covered transaction(s), setting forth the limit of the Company's liability and the compensation received;

      (c)    In instances other than in (b) above, unless the Customer makes specific written arrangements with the Company to pay special compensation and declare a higher value and Company agrees in writing, liability is limited to the amount set forth in (a) above:

      (d)    Customer agrees that the Company shall, in no event, be liable for consequential, punitive, statutory or special damages in excess of the monetary limit provided for above.

 

9.   Presenting Claims. Company shall not be liable under paragraph 8 for any claims not presented to it in writing within 90 days of either the date  of loss or incident giving rise to the claim: no suit to recover or any claim or demand hereunder shall be maintained against the Company unless instituted within six (6) months  after the presentation of the  said  claim or such longer period provided for under statute(s} of the State having jurisdiction of the matter.

 

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, unless the same is previously provided to the Company  by  the  Customer on  demand.  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 or the provisions hereof.

 

11.  Indemnification for Freight, Duties.  In the event that a carrier, other person or any governmental 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 an amount the Company may be required to pay such  carrier, other person or governmental agency together with reasonable expenses, 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.  C.O.D. Shipments.   Goods received with Customer's or other person's  instructions  to “Collect on Delivery''  (C.O.D.) by  drafts  or  otherwise,  or  to collect on any specified  terms  by time  drafts  or otherwise, are accepted by the  Company  only  upon  the  express  understanding  that  it will  exorcise  reasonable care in the  selection of a bank, correspondent,  carrier or agent  to whom it will  send such item  tor collection and tile  Company will not be  responsible  for any act, omission, default, suspension, insolvency or want of care, negligence, or fault  of such  bank, correspondent, carrier or agent  nor for any delay in remittance lost in exchange, or loss during transmission, or while in the course of collection.

 

13.  General Lien And Right To Sell Customer’s Property.

      (a) Company shall have a general and continuing lien on any and all property of Customer coming into Company’s actual or constructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both;

      (b) Company shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of Company’s rights and/or the exercise of such lien.

      (c) Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.

 

14.  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 to the Company,  upon  recovery  by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee,

 

15.   No  Responsibility  For  Governmental  Requirements.    It is the responsibility of the Customer to  know and  comply with the marking requirements  of  the U.S. Customs Service, the regulations of  the U.S. Food  and Drug Administration,  and all other requirements including regulations of federal, state and/or  local  agencies  pertaining  to  the merchandise.  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 the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency.

 

16.   Indemnity Against  Liability  Arising  From The  Importation  of  Merchandise.   The Customer agrees to indemnify and  hold  the Company harmless  from  any  claims  and/or  liability arising  from  the  importation of  merchandise which violates any federal, state and/or other laws  or regulations  and  further  agrees  to  indemnity  and  hold  the Company harmless  against  any  and  all liability, loss, damages, costs, claims  and/or expenses,  including  but  not  limited  to  attorney's  fees,  which the Company may hereafter  incur, suffer or be required to pay by  reason  of claims by  any  government  agency or private  party. In the event that any action,  suit  or  proceeding  is  brought  against the Company by any government agency or any private  party,  the Company shall give notice  In writing  to  the  Customer  by mall at its address on file with the Company.  Upon receipt  of  such notice,  the  Customer at its own expense shall  defend against such action and take all steps as may be necessary or proper to prevent the obtaining of a judgment and/or order against the Company.

 

17.   Loss, Damages or Expense  Due To  Delay.     Unless the services  to be performed by the Company on behalf of the Customer are delayed  by  reason  of  the  negligence  or  other  fault of the Company, the Company shall not be responsible [or any loss, damage or expense incurred by the Customer because of such delay. In the event the Company is at fault, as aforesaid, its liability is limited in accordance with the provisions of paragraphs 8 - 9 above.

 

18.  Construction of Terms  and  Venue.     The foregoing terms and conditions shall  be  construed  according to the laws of the State of Texas.  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 the City of Hidalgo, Texas.

 

19.   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 “recordkeeper” or “recordkeeping agent” for Customer.

 

20. Obtaining Binding Rulings, Filing Protests, etc.     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 protests, etc.

 

21. Severability.   In the event any paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforcable, then in such event the remainder hereof shall remain in full force and effect.

 

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.

 

ROBERT F. BARNES CUSTOMS BROKERS has a policy against payment, solicitation, or receipt of  any  rebate, directly or indirectly, which would be unlawful under the United States Shipping Act, 1984.