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| TERMS AND CONDITIONS |
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- Presenting claims:
Company shall not be liable under paragraph 8 for any claims not presented to it in writing within 90 days of wither the date of loss or incident giving rise to the claim no suit to recover for any claim or demand hereunder shall be maintained against the Company unless instituted within (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.
- 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 of the provisions hereof.
- Indemnification for freight, Duties:
In the event that a carrier, other person or any government agency makes a claim or institutes legal actions 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 any amount the Company may be requested to pay such carrier, other person or governmental agency together with reasonable expenses, including attorneys' fees, incurred by the Company in connections with defending such claim or legal actions and obtaining reimbursement from the Customer. The confiscation or detention of the goods by any governmental authority shall not effect or diminish the liability of the customer to the Company to pay all charges or other money due promptly on demand.
- C.O.D. Shipments:
Goods received with customer's or other person's instruction 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 exercise reasonable care in the selection of a bank, correspondent, carrier or agent to whom it will send such item for collection, and the 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 during transmission, or while in the course of collection.
- General Lien on Any Property:
The Company shall have a general lien on any and all property (and documents relating thereto) of the customer, in its possession, custody or control or en route, for all claims for charges, expenses or advances incurred by the Company in connection with any shipment of the customer and such claim remains ???????????????????????????????? (30) days after demand { or its payment is made, the Company may sell at public auction or private sale, upon ten 60)days written notice, registered mail (R.R.), to the Customer, the goods, wares and/or merchandise, or so much thereof as maybe necessary to satisfy such lien, and apply the net proceeds of such sales to the payment of the amount due to the Company. Any surplus from such sale shall be transmitted to the customer, and the customer shall be liable for any deficiency in the sale.
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