Terms & Conditions
CUSTOMER AUTHORIZATION :
Customer authorizes States Dispatch Services to arrange for motor carriers, forwarders, customs brokers, shipping agents, warehousemen and others (“service providers”), as required, to receive, transport, store, assemble, consolidate, break-bulk and deliver the goods. Unless Customer instructs States Dispatch Services, in writing, prior to shipment to use a specific service provider, States Dispatch Services may utilize any available service provider. Customer is defined as any person or entity that requests services from States Dispatch Services whether for its own account or on behalf of others, or any person or entity to whom States Dispatch Services has extended credit.
All service providers, including but not limited to motor carriers, drayage carriers, rail carriers, warehousemen, are independent contractors, unless required to act as the agent of Customer for U.S. Customs purposes. Customer’s goods shall be tendered to such service providers subject to their rules, tariffs and terms and conditions. States Dispatch Services will supply or direct Customer to Service Providers’ specific rules, tariffs, and terms and conditions upon Customer’s written request.
Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by States Dispatch Services to the Customer are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon States Dispatch Services unless States Dispatch Services in writing specifically undertakes the handling or transportation of the shipment at a specific rate.
Customer warrants the accuracy of shipment descriptions, weights, dimensions, written vehicle sanitary or temperature requirements, invoices, documents and other information furnished to States Dispatch Services by the Customer or its agent for export, entry or other purposes and the Customer agrees to indemnify and hold harmless States Dispatch Services against any increased rates, charges, duty, penalty, fine or expense including attorneys’ fees, resulting from inaccurate, incomplete statement, omission or any failure to make timely presentation, even if not due to any negligence of the Customer. 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. It is understood and agreed that Customer bears all responsibilities of the “Shipper” and/or “Loader” under the FDA Sanitary Food Transportation regulations, and must provide specific written requirements as to vehicle sanitary requirements and/or temperature requirements to States Dispatch Services prior to shipment and to the motor carrier at the time of physical tender. Customer shall be responsible for assessing vehicle cleanliness and/or trailer temperature at pick-up. States Dispatch Services shall not be responsible for action taken or fines or penalties assessed by any governmental agency 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. Shipper provided and applied Cargo Security Seals may be used at time of loading of Full Truck Load shipments only. When Cargo Security Seals are applied by Shipper, “Shipper Load and Count” will prevail. LTL shipments are not required to have a Security Seal or Continuous Security Seal Record due to the inherent nature of LTL shipments.
In the event that a carrier, other person or any governmental agency makes a claim or institutes legal action against States Dispatch Services for ocean or other freight, duties, fines, penalties, liquidated damages or other money due rising from a shipment of goods of the Customer, the Customer agrees to defend, indemnify and hold harmless States Dispatch Services for any amount States Dispatch Services may be required to pay such carrier, other person or governmental agency together with reasonable expenses, including attorneys’ fees, incurred by States Dispatch Services 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 States Dispatch Services to pay all charges or other money due promptly on demand