EFTA00523144.pdf

CUSTOMS POWER OF ATTORNEY And Acknowledgement of Terms and Conditions / *individual Tax LO. Number gg gi‘ (3 0 Partnership 0 Corporation 0 Sole Proprietorship 0 Limited Liability Company State of Incorporation KNOW ALL MEN BY THESE PRESENTS: ma 4 11et R'/ /t/CL it t/ Ni ex tC doing business as e 4 iepAqA./a S ias eectader the laws of the State of 4 CIL"! , residing or having a principal place of business at 4 44:4: Arcri /Ica' CilWati S 7 ruse .1 S. Lf..11-1/ .; (-1 . hereby constitutes and appoints IBC Customs Brokerage, its officers, employees and/or specificallyauthorized agents to act for and on its behalf as true and lawful agent and attorney of the grantor for and in the name, place and stead of said grantor, from this date, in the United States (the "territory") either in writing, electronically, or by other authorized means, to: Make, endorse, sign, declare, or swear to any customs entry. withdrawal, declaration, certificate, bill of lading, carnet or any other documents required by law or regulation in connection with the importation. exportation, transportation, of any merchandise in or through the customs territory, shipped or consigned by or to said grantor; Perform any act or condition which may be required by law or regulation in connection with such merchandise deliverable to said grantor; to receive any merchandise; Make endorsements on bills of lading conferring authority to transfer title, make entry or collect drawback; and make, sign, declare or swear to any statement or certificated required by law or regulation for drawback purposes, regardless of whether such document is intended for filing with Customs; Sign, seal, and deliver for and as the act of said grantor any bond required by law or regulation in connection with the entry or withdrawal of imported merchandise or merchandise exported with or without benefit of drawback, or in connection with the entry, clearance, lading, unlading or navigation of any vessel or other means of conveyance owned or operated by said grantor, and any and all bonds which may be voluntarily given and accepted under applicable laws and regulations, consignee's and owner's declarations provided for in section 485, Tariff Act of 1930, as amended, or affidavits or statements in connection with the entry of merchandise; Sign and swear to any document and perform any act that may be necessary or required by law or regulation in connection with the entering, clearing, lading, unlading, or operation of any vessel or other means of conveyance owned or operated by said grantor; Authorized other Customs Brokers duly licensed within the territory to act as grantor's agent; to receive. endorse and collect checks issued for Customs duty refunds in grantor's name drawn on the Treasurer of the United States; if the grantor is a nonresident of the United States, to accept service of process on behalf of the grantor, And generally to transact Customs business. including filing of claims or protests under section 514 of the Tariff Act of 1930. or pursuant to other laws of the territories, in which said grantor is or may be concerned or interested and which may properly be transacted or performed by an agent and attorney; Giving to said agent and attorney full power and authority to do anything whatever requisite and necessary to be done in the premises as hilly as said grantor could do if present and acting, hereby ratifying and confirming all that the said agent and attorney shall lawfully do by virtue of these presents; This power of attorney to remain full force and effect until revocation in writing is duly given to and received by grantee (if the donor of this power of attorney is a partnership, the said power shall in no case have any force or effect in the United States after the expiration 2 years from the dates of its execution); Appointment as Forwarding Agent: Grantor authorizes the above Grantee to act within the territory as lawful agent and sign or endorse export documents (i.e., commercial invoices, bill of lading, insurance certificates, drafts and any other document) necessary for the completion of an export on the grantor's behalf as may be required under law and regulation in the territory and to appoint forwarding agents n grantor's behalf; Grantor acknowledges receipt of 4 1(s Terms and Conditions of Service governing all transactions between the Parties. lithe Grantor is a Limited Liability Company, the signatory certifies that he/she has full authority to execute this power on behalf of the Grantor. IN WITNESS WHEREOF, the said Caused these presents to be sealed and signed: (Signature) 4 rattyN A L (54itfrei (Capacity)) Due: 4 03 /as Witness: (if required) If you are the importer of record, payment to the broker will not relieve you of the liability tae U.S. 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 "Bureau of Customs and Border Protection" which shall be delivered to Customs by the broker. Importers who wish to utilize this procedure must contact our office in advance to arrange timely receipt of duty checks, EFTA00523144 TERMS AND CONDITIONS OF SERVICE These terms and conditions of state contain a legally binding contract batmen the -Company- and the 'Custom:M. la the man the Company ender% 'evicts and issue a document containing Terms and Conditions eoremmg wen soviets the Tens awl Conditions set forth in ash otter docarent(s) shall govern those aim I. Deflations. (a) -Conearir shall mean IBCCustoms Brokerage. Inc., its subsidiaries. read companies. agents /race orpresenutists. (b)"Cinhamer" dull man the person for which the Company it teams armee, as well yenta assa represtoutivcs. including. but oat limed to, shapers, imponers, expect-rt. tamers. secured panics, warehousemrn buyers andro Sellers. shipper's agents. inures and underwrites. brabull agents. consmaces. ac. It is the responsibility of the Costae to reside notice and omit) of Nee kvs aid conditions of terrier. to Alm* agents or represoutives: (c)-Docurremmuon" shall roan all information recessed dartaly cc indirectly fa Comma, whether in paper or electronic (ow', (d)- Ocem Transportation Internadiaries" (-OTC) shall include an - ocean freight formai" a a nactmveroal operating other: (el "Mini patties" shall include, but not bo haired to. the follosat. "omen. mailmen cannass bowmen. fornankts. Oils. customs brokem agents warthounmen and ahem to which the moth are armed for transport:am cartage. handling aeefor delivery and/or storage a otherwise. 2. Company as agent. The Company acts n the Mom" of the Customer for the purpose of ;vitamins dutism in CCiallettiOtt With the entry and release of rah, post envy aria. the securing of oat lamas the filing of capon documentation as behalf of the Customer and other dealingswithGovernment Agenda: as wall other semen, Company acts as an independent contractor. 3. Limitation of Actions. (a) Unless subject to a specific statute or in national manioc., all clams against the Company for a potential a actual lots. Mail be made in swims and teethed by the Company, within natty (90) thy/ of the event giving rue to claim: the toilet to gist he Company timely notice shall be a OamPlete Worm to any suit or alien oneareed by Custar. (b) All suits opera Company must be filed and properly served on Company as follows- (i) Fa claims ulnasout of am treason/Kim. withm one (I) year (tom the date of the loss; (i) For claim arising out of air uarapartation oithin two (2) mmrs from the date of the loam (in) Fee claims rims out of die preparation adorn submission of an upon entry(s), within seventy rim (75) days from the dm of liquidation of Ikea/Ia. (iv) For any and all ether claims of any other 1)1X. si thu Met (2) van from the date of the loss or damage 4. No Liability For Tbe Selection se Seam of Tiled Parties andror Roam Caless services are perforrord by persons or firms engaged pursuant to express swam inaructicas from the Customer. Company dull use reasonable cat in is 'dictum of third panics, or in selecting the menu. rote and procedure to be followed in the handling. 1111109C0.1.100, clearance aid delivery of the shipment advice by the Company that a particular person a firm has been selected to ender services with respect to the ;cods shall not be construed to mean that the Company warrants Cl rertesents that such ninon or firm will render such services nor data Company assume responsibility or lathy fee any actions(s) ander inatven(s) of such third panes and/or in agents, and shall not be lubk for any delay or lass of any kin& which ems, whik a shipment is in de comedy or carol of a third pany or the agent of a third patty. all etas in animism with the Act of a third pro shall be brought solely opinsi such pony side its omits: in COODettiOn with any wall claim, the Company shill reliably CO0fOrabe with the Came which shall be liable for any 01.1.7C1 or cats inmand by the Comma 5. Quotattens Na Bleding, Q610t3h041$ 8$ 10 fees rates aduty, fright dingo. onsunexe proniuno or other chairs given by the Company to the (Antonia an: for Intone-maul purposes only and an subject to change without mite to quotation tall be binding upon the Company ales the Company in writing agrees to undertake the handling or tramportrion of the shipment at a specific rate or *ram set forth in the oration and payment aminsements are agreed to between the Company and the Customer. 6. Reliance On Information Furnished. (a) Customer acknowledges that it is required to smiew all documents and declaration roared amVor filed wit the Customs Smite. otter Caseload Agency cedar third pones and will immediately advise the Company of any trim, discrepancies income samaras. or emissions on any declintion filed onCustom° behalf: (b) In preparing and submitting customs entries, expect declarations application. documentatien antler capon data to the United State( ald'Ot a third pony. the Company relict on the eCtreantel of all documentation. whether in written a electronic taut and all intonation furnished by Customer. CLIINSICI shall use seasonable are to insure the commas of all such information as.1 shall advisory and hold the Company kindest from any and all claims awned Ando liability a losses Miami by ninon of the Onstomer's failure to disease intommion a any Marta a false statement by the Coutener upon which the Company reasonably relied. The Customer agrees that the CUI1Oltlet bee an affirmative new-delegable day to disclose any and all infommen road to aspect. export or ma the goods. 7. Declaring Higher Value To Third Pinks. Third parties to whim de goods arc entrusted nay limit liability fa loss or damage; the Company wafi man exam Yana" coverage only Mon specific written insinacuent from the Cusioner, which miss agree to pay any charges therefor, in the absence of written cistnactions a the retinal of the third patty to agree to a bights &e land valor. at Company's discretion. the goods may be tendered to the third party. subject to the terms of the third party's limitation of liability Sot tenet ad condition am-nice S. lasuraren Calms reptested to do win writing ad confirmed to Customer a seas. Cottony is under no obligation to Fauna' wane on CUllairleet bchalf in all Casa. Customs shall pay all preinums and costs inconnection with procuring requested insurance. 9. Disclaimers; Limitation of Liability. la) Except as specifically se forth bean, Company nukes no express or implied *imagoes in connection with its aloes; (b) Subject to (c) below. Customer agrees the in cocoa= with any and all senict-s performed by the Cormarty. the Company shall only he liable for is negligent ash which are the dieter and proximate Cause of any Mum to Customer, including loss a damage to Coma's gab. and tbc Company shall in no event be liable for the acts of al pain; Kiln cocacctiom with as services oriental by the Company. Cunene may Mum additional ability comae, up to the actual a declared valet of the shipment or onsactrik by requestnag such enrage ail agreeing to make payment tin-reform which roast must be confirmed in writing by the Company prior to rearing services for the covered tranucticnisk (d) a the absence of additional coverage under (b) abase, the Company's /ability shall be limed to dm following: (s)what the clan arises from activities ether than those relating n CUSICert% brokerage. 550.0) pa shipmentor transaction, or (n) where the claim arms fan. actisxna relating so -Customs business.- 550.00 per coy or the einem of koherate fees paid to Company for the envy. whiniest, is Inc (e) lo no mem shall Company be liable or responsthe for consequential, indirect mcidenul, statutory or punitive damages even if e has been put on notice of the possibility of orb 431113tel IC. Advancing Money. All charges mast be raid by Customs in advance unless the Company agrees in writes to extend credit to customer; the venting a credit to a Customer in connection with particular transaction shall not be <mated a waiver of the provision by the ONTIMny. II. Indemnification/Had thinness. The Customer agrees to indermify, defend, and bold de Company harmless from any claims =die lability rising from the impaatioa a expanatioa of 0A104nCr• merchandise and/or any coital of the finance. which violates any Federal. State as other ims, and Cunha asters to indemnify and hold the Company hamskis against any and all liability, loss damages. eons, clams =die expenses metal; but not lamed to frameable attorneys fees. .bath the Company may hereafter incur. safe C. be required to pay by ma= of such tin*: in the cant that aim, suit or proceeding is brought against the Company, i: shall gist notice in tattingto the Comma by nail at its address on ft with theiiiiny. or Ca/Coat SIrmnients. Company dull we towable care ummling writara inumetions miring to -CiolvCollect on Delivery thipmema. bath dolls cashiers antor canned decks. ta(s) of emit and ether salsa payment docrmients ander entruelions regarding collection of monies tut shag not base laity it the bank or consignee refuses to pay fa the shipment Ii, Costs id Cattalo. In any Jimmie involving monies owed to Company, the Company dull be entitled to all cons of collection, melodies reasonable ationey's km and intents IS% per aim or the highest rate allowed by law• whichever is less, mks. a Imo moo is agreed to by Company. 14. General kke and Risk To Sell Customer's Properly. (a) Company shall ham a general and continuing lien on ay and all property of Customer tang IOW Company's actual or constructive possession or control toe monies awed to Company oak regard to the shipment on which the lien is clamed a prior shipmerds) ander bob: (b) Cottony stall provvIc mien nonce In Comma of its intent to exercise such lies the exact man, of memo due ad owing. as well as my on-going swage or other charges: Customer shall notify all panics having an interest in in shipments) of Company's rightsand/or the exercise of such hen. (c) Unless, within shiny days of mining notice of tins, Carnet posts cash or letter of tient at sight. or. if the amount dot is in dispute. an acceptable bond equal so $10% of the value of the soul annum dm, in favor of Company. guaranteeing payment of the meows owed, oho ell storage charges rood or to k accrued. Company shall have the right to sell sob agenotals) al public or private sale or auction and any net roads remaining thereafter shall be refunded toCustomer. IS. No Duty To Maintain Records For Customer. CIIMOMCI acknowledges that portant to Sections 508 and 509 of the Tariff Act, as ameraksk (19 tISC 9 1906 and 1509) It hat the duty ad is solely liable for maintmatcp all reads required under the Custom ands other Laws a RepLitioas of the United Sato unless otberoist agreed to m waiting. the Camay shot/ coly keep such reads that it is requited 'o twain by Samna) and'or Rcrulatittes). but not an as a Micordkeeper- or Moordkeeping am' for Customer. 16. Obtaining guiding Rulings. Filing Protests, etc. Unless requested by Customer In witting and speed to by Company in tyrants. Company shall be undo no obligati i to undeuhe any pre- or post Caen release acuon. including. but not limited to. obtaining binding rulings advising orliquidations. Ming of petitirms)and'or protests. etc. 17. Preparation and Issuance d Dills of Ladies. Where Company Ft-pares nita issues a all or lading. Coma shall be under no obligation to malty thereon the abet or pieces packages ander canons. ea.: Lantos specifically requested to do so in winos by Customer CI is agent and Customer agrees to pay for same. Company shag rely mon and use the cargo weight supplied by Customer. IL No Modification or Amendment Unless Written. These terms and condiuons of service way only be modified. ahered or amended a -siting signed by both Cuserne and Company, ny attempt to unilaterally modify. aches or amend same shall be null and void 19. Compensation of Canonry. The cooperation of the Company for all its services shall be included with and is it addition to the rates and charges of all cams and all der agars selected by the Company to crampon and deal with the goods aril such compensation shall be exclusive of say bokerose. commissions dividends. a othr, revenue received by the Company then earners. insurer,. and others in oannecons with the Moat On aeon experts, an request the Company shall provide a detailed breakout of the component of all charges assemal and a Inc copy death penitent dament relating to these charges In any referral for collection or action again the Customer for monies due the Company, upon recovery by the Camay, the Customer shag pay the expenses of Mileavall and/or mcluag a reasonable Money fee. 20. Sneaky. In the event my Paragraphis) alto partica(s) hereof is round so be invalid atalfor menrceseable. then in oath evert the rent:under hereof stall waste in full force and elite. 21. Governing Lan; Cam to Jurbdtelles and Venn. These terms and conditions of senlee and the relationship of the perms shall be construed according to the laws of the State of State without giving emaciation so principals Of cenflet of law. Coma and Company (a)r/revocably cement to the jurisdiction of the United State District Court and the State coons of New York: (b) agree that any action relating to the services performed byCompany. stall only be brought in mid oats; (el content to the exacta of in p.nonas jurisdiction by said courts over it and (d) atter agree that any action to enforce a judgment nuy bc int:tinted in any jurisdiction Copyrighted by the Nagai Customs Brokers and Ton...alders Mu:cloth/a of America (Revised 04W) EFTA00523145 INDIVIDUAL OR PARTNERSHIP CERTIFICATION =law ITgle-- mutat KIC--LO kif)iatst STATE 4 6i4.; I DICK Css this ',S ." day of . .412 CO 20f1 porser.ally am:card retie rim KAO (9-4litiAK vs,dog w4 too Pep tiosiant csat F.4 AC personal:), kiserwn re suffimently :dmitillal rro. who certifiesdrat gAlf:NNA (it) (are) the inakvidualsfs) who ihtkokiettallalaltilar and neknowkdarc n lu Le free act sad deed. LESLEY K. Gnon NOTARY PUBLIC-STATE OF NEW YORK No. CMG 86285700 0,t410.610 in Now York County MY CommisalOn Expirt$ 07.08-2021 CORPORATE CERTIFICATION (To be MI& by an office.: of adlef d-an the nne u Ito treouros the power of :wormy) IX-rary 11w I aria the of organized snide: the laws of the State of dot .4,0 styled this power of atternoy on behalf of rlw worm, Is die _of the said :roporation and thni mid power of orournty wa I ally sired, and anestod fcr and in behalf of mid corporation by authority of Ka SOSalliap: OI*1y a for bare arall sus (I I llIt/O011 of the Board of Dimmees pnsed at a regular !reeling held on the day of 20 , now in my paws:anion or rasrody. I further certify that the resolution is in moo/dome with lit IlatC(CS of inc.:opera/ion and byaws a( said corporation and .114Clicellksi in awourdario: tee Iowa of the SLOW or Cernery of !nearer:canon. tig WITNESS WHEREOF. I have bettor...a us my tine. and affixed the seal of suid corporation, at the City of thus day of __,20. . VONA:ORE DATE EFTA00523146