Rogers Worldwide Terms and Conditions. Part 1 Terms and Conditions of Service
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1 RogersWorldwideTermsandConditions Part1 TermsandConditionsofService Accordingtothetermsofthisagreementandinconsiderationofservicefees charged,theundersigned Customer retainsrogersworldwide( Rogers Worldwide )asitsagenttoarrangetransportationservicesandtoprovidelogistics advice.theseservicesincludebutarenotlimitedtopreparingand/orprocessing exportdeclarations,booking,arrangingfororconfirmingcargospace,preparingor processingdeliveryordersordockreceipts,preparingand/orprocessingbillsof lading,arrangingforcrating,packingandunpacking,warehousestorage,andcargo insurance,handlingfreightorothermoniesadvancedbyshippers,orremittingor advancingfreightorothermoniesorcreditinconnectionwiththedispatchingof shipments,givingadviceconcerninglettersofcredit,licensesorinspections,or otherdocumentsorissuesrelatingtothedispatchofcargo. CustomerunderstandsthatthetermsandconditionsunderwhichRogers Worldwide sservicesareprovidedaresubjecttochange.customerisadvisedto takenoteofthemostcurrenttermsandconditionsthatarepostedonrogers Worldwide ssite. CustomerunderstandsthatRogersWorldwideisnotacarrier,butthatRogers Worldwidewilluseitsbesteffortstoselectandengageresponsiblecarriers, warehousemenandothertransportationintermediariesonbehalfofthecustomer. Customerunderstandsthatthetermsandconditionsofthestoragereceiptsof warehousemanandcontractsofcarriageofthewater,road,orcarriersthatrogers Worldwideretains,willapplytoCustomerasifCustomerhadenteredintothose contractsitself.undersomecircumstances,rogersworldwidemayprovide warehouseserviceoroceancarriageinitscapacityasanon VesselOperating CommonCarrier.Ineitherinstance,thetermsofRogersWorldwide swarehouse receiptorbillofladingwillapplyasiftheyhadbeenissuedtothecustomer. CustomerisdirectedtothecopiesofthesedocumentspostedonRogers Worldwide swebsite. 1ALimitationofLiabilityforLoss,DamageorDelay RogersWorldwidewillnotbeliableforanyloss,delayordamagetogoodscaused byacarrier.rogersworldwidewillassertaclaimforloss,damage,ordelayagainst the carrier on behalf of Customer, but the recovery on such claims will, in nearly everycase,belimitedbythetermsoftheunderlyingcontractsofcarriage.fortruck transportation and domestic air transportation, liability for damage is typically limitedto$0.50perpoundor$40perarticle,whicheverisless.ininternationalair transportation damage is typically limited to 17 Special Drawing Rights per kilogram.forcarriagebywaterdamageislimitedto$500perpackageorcustomary freightunit. 1
2 RogersWorldwidewillnotbeliableforanyloss,delayordamagetogoodscausedby actsofgod,publicauthorities,strikes,labordisputes,weather,mechanicalfailures, civil commotion, acts of terrorism, hazards incident to a state of war, acts or omissionsofcustoms,ordefectsinthegoodsbeingshipped.rogersworldwidewill not be liable for any special, incidental or consequential damages including lost income,profits,interest,orlossofmarket,whetherornotrogersworldwidehad knowledgethatsuchdamagesmightbeincurred. UNLESSOTHERWISESPECIFIED,ITSHALLBEPRESUMEDTHATTHEVALUEOF CUSTOMER SGOODSDOESNOTEXCEED$0.50PERPOUNDOR$40PERARTICLE, WHICHEVERISLESS,ANDCUSTOMERAGREESTHATROGERSWORLDWIDE S LIABILITYFORANYLOSS,DAMAGE,ORDELAYTOTHEGOODSRESULTINGFROM ROGERSWORLDWIDE SNEGLIGENCEOROTHERFAULT,IFANY,WILLBELIMITED BYTHISPRESUMPTION.CUSTOMERHASTHEOPTIONOFPAYINGSPECIAL COMPENSATIONTOINCREASETHELIABILITYOFROGERSWORLDWIDEBEYOND THESELIMITSBYSPECIFYINGTHEACTUALCASHVALUEOFTHEGOODSINTHE SPACEPROVIDEDINPARAGRAPH1(C)BELOW. CUSTOMERISENCOURAGEDTOPURCHASEFREIGHTINSURANCEORTO INSTRUCTROGERSWORLDWIDETOPURCHASEFREIGHTINSURANCEONITS BEHALFIFTHEAFORESAIDLIMITATIONSPOSEUNACCEPTABLETERMSOF RISKTOTHECUSTOMER. ROGERSWORLDWIDEWILONLYHONORINSURANCECLAIMSWHENA PREMIUMISCHARGEDONANINVOICEANDCOLLECTEDBYROGERS WORLDWIDEFORTHESHIPMENTINWHICHTHECLAIMOCCURRED. 1BServiceFeesDoNotIncludeCargoInsuranceUnlessRequested(Premium Paid) RogersWorldwide sfeesandchargesmay,asamatterofcourse,includethecostof insurancecoveringpropertylossordamagewithadeductibleof5%ofshipment valuebutnotlessthan$750ormorethan$2,500.(pleasenotethat$2,500 maximumforthedeductiblewillnotapplyforshipmentsvaluedabove$100,000. RogersWorldwidereservestherighttoincreasethedeductibleonsaidshipments, butsuchincreasewouldbemutuallyagreedonwithshipper).thisinsurancewillbe procuredbyrogersworldwide,whenrequestedbyandforthebenefitofcustomer. Customerunderstandsthatfailuretopayinsurancefeesmayresultinthelossof coverage. IhavereviewedthelimitationsonRogersWorldwide sliabilityforloss,delayand damagetogoodsmovedunderthisagreement,and I DOI DONOT (Initials)(Initials) 2
3 3 wantrogersworldwidetoprocureinsuranceforcustomer sbenefitforlossanddamage. 1CPromptNoticeofLoss,DelayorDamage Customeragreestoinspectitsshipmentupondeliveryandtogivepromptnoticeofany damageorlosswithin5daysofdelivery.customeragreesthatrogersworldwidewill notbeheldresponsibleforanylossordamageifnoticeofsuchlossordamagewasnot providedinwritingtorogersworldwidewithin5daysofdeliverytothecustomer. Customeragreestomonitoritsshipmentandtoimmediatelygivenoticeinwritingto RogersWorldwideofanydelay.Anynoticeofdelaymustbemadewithin5daysofthe customer santicipateddateofdelivery.customeragreesthatnotificationofdelaydoes notinvalidaterogersworldwide slimitationofliabilitysetforthinparagraph1aabove. 1DPaymentofInvoicesRequiredBeforeConsiderationofClaims CustomeragreesthatRogersWorldwidehasnoobligationtoconsiderclaimsforloss, delayordamage,ortoprosecutesuchclaimsagainstcarriersorwarehousemenonbehalf ofcustomerifcustomerhasnotpaidrogersworldwide sinvoices. 1ERogersWorldwideGivenaLienonInsuranceProceeds CustomeragreesthatRogersWorldwideshallhavealienintheamountofanyunpaid invoiceonanyinsuranceproceedsissuingasaresultofloss,delayordamageto Customer sgoods. 1FClaimsExpireAfterOne Year AnysuitbroughtagainstRogersWorldwidemustbecommencedwithinoneyearofthe dateofthisagreementoraftercompletionoftheservicesperformed,whicheverislater. Intheeventofnon delivery,thescheduleddeliverydateshallbedeemedasthedayon whichserviceswerecompletedforpurposesofcomputingtheone yearlimit. Part2PaymentTermsandCreditAgreement 2APaymentGuaranteedbyCustomer CustomerguaranteespaymentforallservicesrenderedandcarriagearrangedbyRogers WorldwideonCustomer sbehalf,nomatterwhatpersonorderedtheservicesor benefittedtherefrom. 2BCustomerBearsRiskofForeignExchangeFluctuations EstimatesofservicechargesmayhavebeengivenbyRogersWorldwideusingcurrent exchangerates.actualchargesmaydifferinaccordancewithvariationsinthecurrency exchangerateatthetimeserviceisprovided. 2CServiceFeesAccrueonLatePayments
4 4 CustomeragreestopayRogersWorldwide sinvoiceswithin10daysfromthedateof issuance.foranypaymentsnotreceivedwithintendays,customeragreesthatrogers Worldwidewillbeentitledtoalatefeeof.833%oftheoutstandingamountforeach monthorfractionthereoffromtheinvoicedate. 2DRogersWorldwideEntitledtoAttorneyFeesIncurredinCollection CustomeragreestopayRogersWorldwide sattorneyfees,costsandotherexpenses incurredintheeventthisaccountrequiresthatanattorneybeengagedforpurposesof collection. 2ERogersWorldwideGivenaLienonGoodsforUnpaidCharges TheCustomerandtheconsigneeorholderoforassigneeonanybillofladingshallbe jointlyandseverallyliableforallunpaidchargesforservicesprovidedunderthis agreement.whenrogersworldwideisinstructedtocollectchargesfromanypersonor entityotherthanthecustomer,thecustomershallremainliableforthechargesand interestifrogersworldwideisnotpaid. ROGERSWORLDWIDESHALLHAVEALIENONANYGOODSSHIPPEDUNDERTHIS AGREEMENTFORFAILURETOPAYCHARGESOWEDBYTHECUSTOMEROR CONSIGNEEORHOLDEROFORASSIGNEEONANYBILLOFLADING.CUSTOMER AGREESTHATROGERSWORLDWIDE SLIENCONTINUESINEFFECTAFTERTHE GOODSAREDELIVEREDANDUNTILALLCHARGESAREPAID. CustomeragreestosignanynoticeofasecurityinterestwhetherintheformofaUCC 9 orotherformwerequest.customerappointsrogersworldwideasitsattorney in factto signanysuchnoticeoncustomer sbehalfintheeventcustomerfailstosignit immediatelyuponrogersworldwide srequest. 2FCustomerauthorizesRogersWorldwidetoobtainCreditReportsonCustomerorany individualslistedbelowortoobtaincreditandfundinginformationfromcustomer s bank,orotherpersonsorentitieslistedasreferencesbelow.itisunderstoodthatany suchcreditinformationwillbeheldinstrictconfidenceandusedonlyinconsiderationof thisapplicationforcredit.customerfurtheragreestosupplysuchadditionalinformation asmayberequiredbyrogersworldwidetowarrantfutureextensionsofcreditorto enablerogersworldwidetoperfectliensortorecoveruponanybondissued. Part3 SpecialPowerofAttorneyGrantedtoRogersWorldwideCargo CustomerappointsRogersWorldwideasitsattorney in factincustomer splaceforthe purposeoftransactingcustomsbusiness,toissueandsignatacarnetsandshipper s exportdeclarationonbehalfofcustomerandforfilingucc 9formstoperfectliens grantedherein.customerfurthergrantstorogersworldwidefullauthoritytoactinany mannerbothproperandnecessarytotheexerciseofforegoingpowersandratifyevery actthatrogersworldwidemaylawfullyperforminexercisingthosepowers.thispower ofattorneyisgrantedforthetermofthisagreement.
5 5 Note:TheattachedformmustbecompletedandsignedforfilingwithU.S.Customs. Part4 TermofAgreementandTermination,LegalJurisdiction 4ATermofAgreementandTermination Thisagreementshallbeeffectiveuponexecutionandshallremainineffectuntilcanceled byeitherpartyuponthirtydayswrittennoticetotheotherparty,oruponbreachofthe agreementbycustomerforfailuretopayrogersworldwide sfees.notwithstanding anythingtothecontrarysetforthherein,theprovisionsofsections1a,1b,1d,1e,1f,1g, 2A,2B,2C,2D,2E,2F,4A,4B,4CandPart5shallsurviveterminationofthisagreement. 4BApplicableLawandForumSelection Totheextentnotgovernedbyapplicablefederalstatutes,thelawsofthestateof Californiashallgovernthevalidity,constructionandperformanceofthisagreementand allcontroversiesandclaimsarisinghereunder.customeragreesthattheforumforany litigationarisingoutoftheperformanceofthisagreement,whetherinitiatedbythe CustomerorRogersWorldwide,shallbeLosAngelesCounty,California. 4CThisformistheEntireAgreementandSupersedesContraryOrders ThesetermscomprisetheentireagreementbetweenCustomerandRogersWorldwide.If thetermsofthisagreementdifferinanymaterialwayfromthetermsofcustomer s order,thisagreementshallbeconstruedasacounter offerandshallnotbeeffectiveasan acceptanceofcustomer sorderunlesscustomerassentstothetermsherein.shouldany termofthisagreementbeheldinvalid,illegalorunenforceable,thevalidity,legalityand enforceabilityoftheremainingtermsofthisagreementshallnotinanywaybeaffected orimpairedthereby. Part5 AcknowledgementofWarrantyofAuthority WarrantyofAuthority&Certification ThepersonsigningthisAgreementonbehalfoftheCustomerrepresentsandwarrants thatheorshehastheauthoritytosignthisagreementonbehalfofthecustomer, includingappointmentofrogersworldwideascustomer sattorney in factandtoassure RogersWorldwidefullandpromptpayment.Thepersonsigningbelowcertifiesthatthe informationgiveninthecustomerdataandcreditreferences,part5below,istrueand completeandfurtherunderstandsthatrogersworldwidewillrelyonthisinformation fortheextensionofcredit.
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