FirstGlobalXpress–2016Terms&Conditions
THESE TERMS AND CONDITIONS OF SERVICE
CONSTITUTE A LEGALLY BINDING CONTRACT
BETWEEN
THE
"COMPANY"
AND
THE
"CUSTOMER". IN THE EVENT THE COMPANY
RENDERS SERVICES AND ISSUES A DOCUMENT
CONTAINING
TERMS
AND
CONDITIONS
GOVERNING SUCH SERVICES, THE TERMS AND
CONDITIONS SET FORTH IN SUCH OTHER
DOCUMENT(S)SHALLGOVERNTHOSESERVICES.
with any such claim, the Company shall reasonably
cooperate with the Customer, which shall be liable
foranychargesorcostsincurredbytheCompany
languageofandasmayberequiredbythelawsand
regulations of the U.S. and the country of
destinationofthegoods.
3.
Pending forwarding or delivery, goods
maybewarehousedorotherwiseheldatanyplace
orplacesatthesolediscretionoftheCompanyand
the cost thereof shall be for the account of the
Customer.
DEFINITIONS
4.
ExceptwheretheCompanyisinstructed
inwritingtopackthegoodstheCustomerwarrants
that all goods have been properly and sufficiently
packedand/orprepared.
8.
The Customer shall be deemed to be
bound by and to warrant the accuracy of all
descriptions, values and other particulars furnished
to the Company for Customs, Consular and other
purposesandheundertakestoindemnifyagainstall
losses, damages, expenses and fines whatsoever
arising from any inaccuracy or omission, even is
such inaccuracy or omission is not due to any
negligence.
a. "Company" shall mean First Global Xpress, LLC
locatedat48310thAvenueSuite101NewYork,NY
10018, its subsidiaries, related companies, agents
and/orrepresentatives.
b."Customer"shallmeanthepersonforwhichthe
Company is rendering service, as well as its agents
and/or representatives, including, but not limited
to, shippers, importers, exporters, carriers, secured
parties, warehousemen, buyers and/or sellers,
shipper's agents, insurers and underwriters, breakbulk agents, consignees, etc. It is the responsibility
of the Customer to provide notice and copy(s) of
these terms and conditions of service to all such
agentsorrepresentatives;
c."Thirdparties"shallinclude,butnotbelimitedto,
the following: "carriers, truckmen, cartmen,
lightermen, forwarders, OTI’s, customs brokers,
agents, warehousemen and others to which the
goods are entrusted for transportation, cartage,
handling and/or delivery and/or storage or
otherwise;"
CONDITIONSOFCARRIAGE
1.
Customers entering into transactions of
any kind with the Company expressly warrant that
theyareeithertheownerortheauthorizedagents
oftheownersofanygoodstowhichthetransaction
relatesandfurtherwarrantthattheyareauthorized
to accept and are accepting these Conditions not
only for themselves but also as agents for and on
behalf of all other persons who are or may
thereafterbecomeinterestedinthegoods.
2.
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
personorfirmhasbeenselectedtorenderservices
withrespecttothegoods,shallnotbeconstruedto
meanthattheCompanywarrantsorrepresentsthat
such person or firm will render such services nor
does Company assume responsibility or liability for
anyaction(s)and/orinaction(s)ofsuchthirdparties
and/or its agents, and shall not be liable for any
delay or loss of any kind, which occurs while a
shipmentisinthecustodyorcontrolofathirdparty
ortheagentofathirdparty;allclaimsinconnection
withtheActofathirdpartyshallbebroughtsolely
against such party and/or its agents; in connection
5.
Quotations as to fees, rates of duty,
freight charges, insurance premiums or other
chargesgivenbytheCompanytotheCustomerare
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
arrangementsareagreedtobetweentheCompany
andtheCustomer.
6.
ForimportTransactionsatareasonable
time prior to the entry of goods into the U.S., the
Customer shall furnish to the Company invoices in
proper form and other documents necessary or
usefulinthepreparationoftheU.S.Customsentry
and, also such further information as may be
sufficienttoestablish,interalia,thedutiablevalue,
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’sadmissibility,pursuanttoU.S.lawsor
regulations. If the Customer fails to furnish such
information in a timely manner or documents, in
whole or in part, as may be required to complete
theU.S.CustomsentryorcomplywithU.S.lawsor
regulations, or if the information or documents
furnished are inaccurate or incomplete, the
Company shall be obligated only to use its best
judgmentinconnectionwiththeshipmentandinno
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
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
thebondnotwithstandingthefactthatthebondhas
beenexecutedbytheCompanyasprincipal,itbeing
understood that the Company entered into such
undertaking at the instance and on behalf of the
Customer, and the Customer shall indemnify and
holdtheCompanyharmlessfortheconsequencesof
anybreachofthetermsofthebond.
7.
For an export transaction at a
reasonable time prior to the exportation of the
shipment the Customer shall furnish to the
Company the commercial invoice in proper form
andnumber,aproperconsulardeclaration,weights,
measures, values and other information in the
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9.
The Customer shall save harmless and
keeptheCompanyindemnifiedfromandagainst:-
9.a
all liability, loss, damage, costs and
expenses whatsoever (including, without prejudice
to the generality of the foregoing, all duties, taxes,
imposts,levies,depositsandoutlaysofwhatsoever
nature levied by any authority in relation to the
Goods) arising out of the Company acting in
accordance with the Customer's instructions, or
arising from any breach by the Customer of any
warrantycontainedintheseconditions,orfromthe
negligenceoftheCustomer,and
9.b
without derogation from sub-clause (A)
above, any liability assumed, or incurred by the
Company when, by reason of carrying out the
Customer's instructions, the Company has become
liabletoanyotherparty,and
9.c
all claims, costs and demands
whatsoeverandbywhomsoevermadeorpreferred,
in excess of the liability of the Company under the
terms of these conditions, regardless of whether
suchclaims,costs,and/ordemandsarisefrom,orin
connectionwith,thebreachofcontract,negligence
orbreachofdutyoftheCompany,itsservants,subcontractorsoragents,and
9.d
any claims of a general average nature
whichmaybemadeontheCompany.
10.
When goodsareacceptedordealtwith
upon instructions to collect freight, duties, charges
orotherexpensesfromtheconsigneeoranyother
person the Customer shall remain responsible for
the same if they are not paid by such consignee or
otherpersonimmediatelywhendue.
11.
No insurance will be effected except
upon express instructions given in writing by the
Customer and all insurance effected by the
Company are subject to the usual exceptions and
conditionsofthepoliciesoftheinsurancecompany
or underwriters taking the risk. The Company shall
not be under any obligation to affect a separate
insurance on each consignment but may declare it
on any open or general policy. Should the insurers
disputetheirliabilityforanyreasontheinsuredshall
have recourse against the insurers only and the
Company shall not be under any responsibility or
liability whatsoever in relation thereto
notwithstanding that the premium upon the policy
maynotbeatthesamerateasthatchargedbythe
CompanyorpaidtotheCompanybyitsCustomer.
12.a.
The Company shall only be responsible
for any loss of or damage to goods or for any non-
FirstGlobalXpress–2016Terms&Conditions
deliveryormisrouteddeliveryifitisprovedthatthe
loss,damage,non-deliveryormiss-deliveryoccurred
whilst the goods were in the actual custody of the
Companyandunderitsactualcontrolandthatsuch
loss, damage, non-delivery or misrouted delivery
was due to the willful neglect or default of the
Companyoritsownservants.
12.b.
TheCompanyshallonlybeliableforany
noncompliance or noncompliance with instructions
given to it if it is proved that the same was caused
by the willful neglect or default of the Company or
itsownservants.
12.c.
Save as aforesaid the Company shall be
under no liability whatsoever however arising, and
whether in respect of or in connection with any
goods or any instructions, business, advice,
informationorserviceorotherwise.
12.d.
Further and without prejudice to the
generality of the preceding sub condition, the
Companyshallnotinanyevent,whetherundersub
conditions (a) or (b) or otherwise, be under any
liability whatsoever for any consequential loss or
lossofmarketorfireorconsequenceoffireordelay
ordeviationhowevercaused.
13.
In no case whatsoever shall any liability
of the Company howsoever arising and
notwithstanding any lack of explanation exceed
$100.00 USD per shipment or the cost of
replacementwhicheveristhelesser.
14.
Inanydisputeinvolvingmoniesowedto
the Company by Customs, the Company shall be
entitled to all costs of collection, including its
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
tobyCompany
15.
ItistheresponsibilityoftheCustomerto
knowandcomplywiththemarkingrequirementsof
the United States, the regulations of the U.S. Food
and Drug Administration, and all other
requirements,includingregulationsofFederal,state
and/or local agencies pertaining to the
merchandise.TheCompanyshallnotberesponsible
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
issuedtotheCustomerbyanysuchagency.
16.a.
Company shall have a general and
continuinglienonanyandallpropertyofCustomer
coming into Company's actual or constructive
possessionorcontrolformoniesowedtoCompany
with regard to the shipment on which the lien is
claimed,apriorshipment(s)and/orboth;
16.b.
Companyshallprovidewrittennoticeto
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)ofCompany'srightsand/ortheexercise
ofsuchlien.
16.c.
Unless, within thirty days of receiving
noticeoflien,Customerpostscashorletterofcredit
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,
guaranteeingpaymentofthemoniesowed,plusall
storagechargesaccruedortobeaccrued,Company
shallhavetherighttosellsuchshipment(s)atpublic
or private sale or auction and any net proceeds
remainingthereaftershallberefundedtoCustomer.
21.
The Customer undertakes that no claim
shall be made against any director, servant, or
employee of the Company which imposes, or
attempts to impose, upon them any liability in
connection with any services which are the subject
of these conditions, and, if any such claim should
nevertheless be made, to indemnify the Company
againstallconsequencesthereof.
17.
Customer acknowledges that pursuant
to Sections 508 and 509 of the Tariff Act, as
amended,(19USC§1508and§1509)ithastheduty
and is solely liable for maintaining all records
requiredundertheCustomsand/orotherlawsand
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.
22.
These terms and conditions of service
and the relationship of the parties shall be
construedaccordingtothelawsoftheStateofNew
York, without giving consideration to principles of
conflict of law. Customer and Company (a)
irrevocablyconsenttothejurisdictionoftheUnited
States District Court and the State courts of New
York; (b) agree that any action relating to the
services performed by Company, shall only be
broughtinsaidcourts;(c)consenttotheexerciseof
inpersonandjurisdictionbysaidcourtsoverit,and
(d) further agree that any action to enforce a
judgmentmaybeinstitutedinanyjurisdiction.
18.
TheCompanyshallbeentitledtosellor
dispose of all non-perishable goods which in the
opinionoftheCompanycannotbedeliveredeither
because they are insufficiently or incorrectly
addressed or because they are not collected or
accepted by the Consignee or any other reason,
upon giving 21 days’ notice in writing to the
Customer. All charges and expenses arising in
connectionwiththestorageandsaleordisposalof
thegoodsshallbepaidbytheCustomer.
19.
Except under special arrangements
previously made in writing the Company will not
accept or deal with any noxious, dangerous,
hazardousorinflammableorexplosivegoodsorany
goodslikelytocausedamage.ShouldanyCustomer
neverthelessdeliveranysuchgoodsotherwisethan
under special arrangements previously made in
writing, he shall be liable for all loss or damage
whatsoever caused by or to or in connection with
the goods however arising and shall indemnify the
Company against all penalties, claims, damages,
costs and expenses whatsoever arising in
connection therewith and the goods may be
destroyed or otherwise dealt with at the sole
discretion of the Company or any other person in
whosecustodytheymaybeattherelevanttime.If
such goods are accepted under arrangements
previously made in writing, they may nevertheless
besodestroyedorotherwisedealtwithonaccount
of risk to other goods, property, life or health. The
expression“goodslikelytocausedamage”includes
goodslikelytoharbororencourageverminorother
pests.
20.
Except under special arrangements
previous made in writing the Company will not
accept or deal with bullion, coins, precious stones,
jewelry, valuables, antiques, pictures, livestock or
plants. Should any Customer nevertheless deliver
any such goods to the Company to handle or deal
with any such goods otherwise than under special
Page2of3
arrangements previous made in writing the
Company shall be under no liability whatsoever for
orinconnectionwiththegoodshowevercaused.
23.
For approved accounts, payment is due
within30daysfromdateofinvoice.
24.WorldwideTransitandInsurance
In respect of transits and unnamed
locations but excluding United Nations embargoed
territories, which are understood to be: Cote
d'Ivoire(IvoryCoast),Cuba,DemocraticRepublicof
the Congo, Iran, Iraq, Liberia, North Korea, Sudan,
Syria, Burma and Zimbabwe. Shipments to and
from these countries, plus Afghanistan, are subject
to prior agreement. In no case shall this insurance
cover loss damage liability or expense directly or
indirectly caused by or contributed to by or arising
from:
24.a.
ionizing
radiations
from
or
contaminationbyradioactivityfromanynuclearfuel
or from any nuclear waste or from the combustion
ofnuclearfuel.
24.b.
theradioactive,toxic,explosiveorother
hazardous or contaminating properties of any
nuclear installation, reactor or other nuclear
assemblyornuclearcomponentthereof.
24.c.
anyweaponofwaremployingatomicor
nuclear fission and/or fusion or other like reaction
orradioactiveforceormatter.
24.d.
Loss or damage directly or indirectly
occasioned by, happening through or in
consequence of war, invasion, acts of foreign
enemies, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection,
military or usurped power or confiscation or
nationalization or requisition or destruction of or
damage to property by or under the order of any
governmentorpublicorlocalauthority.
FirstGlobalXpress–2016Terms&Conditions
24.e.
Innocaseshallthisinsurancecoverany
fines or penalties imposed on the Insured by any
court
or
public
authority.
INVOICESANDBILLING
1.
Accounts who are greater than 60 days
in arrears (starting from the date of the first past
due invoice) will be subject to credit hold. Any
current shipments will be held until the account is
broughtuptodate.
2.
Accounts that have been sent to credit
recovery agencies will be responsible to pay both
theoriginalamountowedandanycostsincurredin
therecoveryofmoniesowed.
INFORMATIONSECURITY
1.
By agreeing to these terms, I hereby
agree to the privacy policy and conditions of
acceptable use of First Global Xpress’ electronic
systems including but not limited to the public
website, knowledge-base, service portal, live chat,
and tracking tool. The transfer of sensitive PII -
personally identifiable information (see item 2)
shouldbeavoidedunlessrequiredfortheexecution
of services and specifically requested by FGX.
Sensitive PII shall be transferred in the accordance
withtheFirstGlobalXpressSecuredDataExchange
Policy. Email is not recognized as a secure medium
ofcommunication.Forthisreason,werequestthat
you do not send sensitive personally identifiable
informationtousbyemail.Someoftheinformation
youmayenteronourWebsitemaybetransmitted
securely via the https protocol and stored in an
encrypted
database.
Please
contact
systems@fgx.com if you have any questions or
concerns. I understand and agree that First Global
Xpresswillnotbeliablefordamagesresultingfrom
the transmittal of sensitive PII not in accordance
withtheSecuredDataExchangePolicy.
2.
Examples of Sensitive PII include: Social
Security Numbers (SSNs) including truncated SSNs
thatincludeonlythelastfourdigits,placeofbirth,
date of birth, mother’s maiden name, biometric
information, medical information, except brief
references to absences from work, personal
financial information, credit card or purchase card
account numbers, passport numbers, potentially
sensitive employment information, e.g., personnel
ratings, disciplinary actions, and result of
background investigations, criminal history, or any
informationthatmaystigmatizeoradverselyaffect
an individual. This list is not exhaustive, and other
data may be sensitive depending on specific
circumstances.
INSURANCEEXCLUSIONS
Providedinsurancedoesnotcoverthefollowing:
1.
Breakage of picture glass, as well as
damagedonebysuchbrokenglasstotheproperty.
2.
Wear,tear,gradualdeterioration,moth,
insects, vermin, inherent defect or any preexisting
conditionofthePropertyInsured.
stabilizationplusanyresultingdepreciationinvalue
butnotexceedingthevalueofthatitem,subjectto
theinsuredvaluedeclaredfortheitemorshipment.
3.
Any loss or damage caused by or
resulting from work done in the course of any
refinishing, renovating, repairing, restoring,
reframingorsimilarprocess.
WAIVEROFSUBROGATION
4.
Loss,damageorexpenseattributableto
thewillfulmisconductoftheInsured.
5.
Loss or damage directly or indirectly
occasioned by, happening through or in
consequence of war, invasion, acts of foreign
enemies, hostilities (whether war be declared or
not) civil war, rebellion, revolution, insurrection,
military or usurped power of confiscation or
nationalization or requisition or destruction of or
damage to property by or under the order of any
governmentorpublicorlocalauthority.
6.
In no case shall this contract of
insurance cover loss damage liability or expense
directlyorindirectlycausedbyorcontributingtoby
orarisingfrom:
6.a.
ionizing
radiations
from
or
contaminationbyradioactivityfromanynuclearfuel
or from any nuclear waste or from the combustion
ofnuclearfuel.
6.b.
the radioactive, toxic explosive or other
hazardous properties of any explosive nuclear
assemblyornuclearcomponentthereof.
6.c.
anyweaponofwaremployingatomicor
nuclear fission and/or fusion or other like reaction
orradioactiveforceormatter.
7.
Damage to artworks caused by the
electrical and/or mechanical failure of any
temperaturecontrolequipmentUNLESS:
7.a.
The insured has proven to the
Underwriters hereon that the said equipment has
been maintained and serviced in accordance with
theManufacturers/installersrecommendationsOR
7.b.
suchfailureisduetodamagetothesaid
equipmentbyaperilinsuredhereunderOR
7.c.
such failure has been caused by or
throughthenegligenceoforbyamaliciousactofan
employee of the insured and/or their subcontractorsand/oragents.
UNDERTHISINSURANCEBASISOFSETTLEMENT
a.
Thevalueonwhichsettlementfortotal
losswillbebasedshallbeonthebasisoftheactual
cashvalueofthepropertyatthetimeofloss.illno
eventwillourUnderwritersbeliableformorethan
theinsuredvaluedeclaredfortheitemorshipment.
b.
illtheeventofpartiallossofordamage
toanyitem,theamountoflossshallbethecostand
expense of restoration, conservation, mitigation or
Page3of3
illtheeventoflossordamageforwhich
our Underwriters have agreed to pay the
Policyholder's customer under this insurance, our
Underwriters agree to waive all rights of
subrogation against the Policy Holder, their subcontractors, their Directors, Officers, Employees,
Representatives or Agents. This Waiver however
shallnotapplytoanyAirline.
ANCILLARYCOSTS
illrespectofallclaimsunderSection2of
thisinsurance,incaseofanyimminentoractualloss
or misfortune, the insured, his or their factors,
servantsandassigns,shallsue,laborandtravelfor,
inandaboutthedefense,safeguardandrecoveryof
the said goods and merchandise, or any part
thereof, without prejudice to this insurance; to the
charges whereof the insurers will contribute
according to the rate and quantity of the sum
herebyinsured;norshalltheactsoftheInsuredor
of the Underwriters in recovering, saving and
preservingthePropertyInsured,incaseofdisaster,
be considered a waiver or an acceptance of
abandonment always subject to our Underwriters
total liability not exceeding the sum insured
hereunderasdeterminedbytheBasisofSettlement
above.
REFRAMINGEXCLUSIONAMENDMENT
It is understood and agreed that
notwithstandinganythingcontainedinthiscontract
tothecontrary,theterm"reframing"shallnotapply
to work carried out by the Insured under Section 1
hereinandthePolicyholderinrespectofSection2,
in removing artworks from their existing frames to
facilitate packing and shipping, installation and deinstallation procedures and the subsequent
replacement of such works, including stretching,
intotheiroriginalexistingframes.