UNIVERSAL CARGO MANAGEMENT, INC.
TERMS AND CONDITIONS OF SERVICE
These terms and conditions of service constitute a legally binding contract between the “Company” and the “Customer”. In the event theCompany renders services and issues a document containing Terms and Conditions governing such services, the Terms andConditions set forth in such other document(s) shall govern those services.
1. Definitions.
(a) “Company” shall mean Universal Cargo Management, Inc.,, its subsidiaries, related companies, agents and/or representatives;(b) “Customer” shall mean the person for which the 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’sagents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide noticeand copy(s) of these terms and conditions of service to all such agents or representatives;(c) “Documentation” shall mean all the information received directly or indirectly from Customer, whether in paper or electronic form;(d) “Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight forwarder’ and a “non-vessel operating carrier”;(e) “Third parties” shall include, but not be limited to, the following: “carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs
brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery
and/or storage or otherwise”.
(f) “CBP” shall mean U.S. Customs & Border Protection
2. Company as agent.
The Company acts as the agent of the Customer for the purpose of performing duties in connection with the entry and release of goods,
post entry services, the securing of export licenses, the filing of export and security documentation on behalf of the Customer and theother dealings with Government Agencies: as to all other services, Company acts as an independent contractor.
3. Limitations of Actions.
(a) Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss must be
made in writing and received by the Company, within ninety (90) days of the event giving rise to claim; the failure to give the Company
timely notice shall be a complete defense to any suit or action commenced by Customer.
(b) All suits against Company must be filed and properly served on Company as follows:(i) For claims arising out of ocean transportation, within one (1) year from the date of the loss;(ii) For claims arising out of air transportation, within two (2) years from the date of the loss;(iii) For claims arising out of the preparation and /or submission of an import entry(s), within seventy five (75) days from thedate of liquidation of the entry(s);(iv) For any and all other claims of any other type, within two (2) years from the date of the loss or damage.
4. No liability For the Selection or Services of Third Parties and/or Routes.
Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shalluse 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 person or firm has been selected torender services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person orfirm will render such services nor does Company assume responsibility or liability for any action(s) and/or inaction(s) of such third
parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in custody or control
of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against suchparty and/or its agents; in connection with such claim, the Company shall reasonably cooperate with the Customer, which shall be liable
for any charges or costs incurred by the Company.
5. Quotations Not Binding.
Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer arefor informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless theCompany in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in thequotation and payment arrangements are agreed to between the Company and the Customer.
6. Reliance On Information Furnished.
(a) Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with CBP, other
Government Agency and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements,
or omissions on any declaration filed on Customers behalf;(b) In preparing and submitting CBP entries, export declarations, applications, security filings, documentation and/or other required data,
the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished byCustomer; Customer shall use reasonable care to insure the correctness of all such information and shall indemnify and hold theCompany harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose
information or any incorrect, incomplete or false statement by the Customer or its agent, representative or contractor upon which theCompany reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all
information required to import, export or enter the goods.
7. Declaring Higher Value to Third Parties.
Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation
coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence ofwritten instructions or the refusal of the third party to agree to a higher declared value, at Company’s discretion, the goods may betendered to the third party, subject to the terms of the third party’s limitations of liability and/or terms and conditions of service.
8. Insurance.
Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure insurance on
Customer’s behalf; in all cases, Customer shall pay premiums and costs in connection with procuring requested insurance.
9. Disclaimers; Limitation of Liability.

(a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;(b) Subject to (c) below, Customer agrees that in connection with any and all services performed by the Company, the Company shall
only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss or damage toCustomer’s goods, and the Company shall in no event be liable for the acts of third parties;(c) In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual ordeclared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request
must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).
(d) In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following:(i) Where the claim arises from activities other than those relating to customs brokerage, $50.00 per shipment or transaction,or(ii) Where the claim arises from activities relating to “Customs business,” $50.00 per entry or the amount of brokerage fees
paid to the Company for the entry, whichever is less.
(e) In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages even if it has
been put on notice of the possibility of such damages, or for acts of third parties.
10. Advancing Money.
All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to Customer; the granting ofcredit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company. If theCompany should agree to extend credit to Customer; the Company shall have the right to cancel credit terms at any time for any reason
or no reason at all with or without notice.
11. Indemnification/Hold Harmless.
The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability, fines, penalties and/or
attorney’s fees arising from the importation or exportation of Customers merchandise and/or any conduct of the Customer, including but
not limited to the accuracy of entry, export or security data supplied by Customer or its agent or representative, which violates any
Federal, State and/or other laws, and further agrees to indemnify and hold the Company harmless against any and all liability, loss,damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorney’s fees, which the Company
may hereafter incur, suffer or required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against
the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.
12. C. O. D. or Cash Collect Shipments.
Company shall use reasonable care regarding written instructions relating to “Cash/Collect” on “Deliver (C.O.D.)” shipments, bankdrafts, cashier’s and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collectionof monies but shall have no liability if the bank or consignee refuses to pay for the shipment.
13. Costs of Collection.
In any dispute involving monies owed to Company, the Company shall be entitled to all costs of collection, including 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 toby the Company.
14. General Lien and Right to Sell Customer’s Property.
(a) Company shall have a general and continuing lien on any and all property of Customer coming into Company’s actual orconstructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a priorshipment(s) and/or both;(b) Company shall provide written notice to 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) of Company’s rights
and/or the exercise of such lien.
(c) Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit 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, guaranteeing payment of the monies
owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s) at public or private saleor auction and any net proceeds remaining thereafter shall be refunded to Customer.
15. No Duty to Maintain Records for Customer.
Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC 1508 and 1509) it has the duty
and is solely liable for maintaining all records required under the CBP and/or other Laws and Regulations of the United States; unlessotherwise agreed to in writing, the Company shall only keep such records that it is required to maintain by Statute(s) and/orRegulation(s), but not act as a “record keeper’ or “recordkeeping agent” for Customer.
16. Obtaining Binding, Rulings, Filing Protests, etc.
Unless requested by Customer in writing and agreed to by Company in writing, Company shall be under no obligation to undertake any
pre- or post CBP release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s),and/or protests, etc.
17. Preparation and Issuance of Bills of Lading.
Where Company prepares and/or issues a bill of lading, Company shall be under no obligation to specify thereon the number of pieces,
packages, and/or cartons, etc.; unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay
for same, Company shall rely upon and use the cargo weight supplied by Customer.
18. No Modification or Amendment Unless Written.
These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company;
any attempt to unilaterally modify, alter or amend same shall be null and void.
19. Compensation of Company.
The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers andother agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any
brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers and others in connection withthe shipment. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges
assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against theCustomer for monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/orlitigation, including a reasonable attorney fee.
20. Severability.
In the event any paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder
hereof shall remain in full force and effect. Company's decision to waive any provision herein, either by conduct or otherwise, shall not
be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision herein.
21. Governing Law; Consent to Jurisdiction and Venue.
These terms and conditions of service and relationship of the parties shall be construed according to the laws of the State of California
without giving consideration to principals of conflict of law.
Customer and Company(a) Irrevocably consent to the jurisdiction of the United States District Court and the State courts of California;(b) Agree that any action relating to the services performed by Company, shall only be brought in said courts;(c) Consent to the exercise of in personal jurisdiction by said courts over it, and(d) Further agree that any action to enforce a judgment may be instituted in any jurisdiction
22. “Carrier has opted to be exempt from tariff publication requirements per 46 C.F.R. §520 and 532 by utilizing NegotiatedRate Arrangements (“NRAs”).
Carrier’s Quotation/Proposal sheets and e-mail exchanges contain an NRA offer(s) by Carrier. Acceptance of the quotation shallbecome binding after receipt of the cargo by the carrier or its agent (or the originating carrier in the case of through transportation).
Carrier’s Rules Tariff are provided free of charge at http://www.universalcargo.com. Carrier reserves the right to modify its NRA
rate/charges offer prior to Carrier or its agent (including originating carriers in the case of through transportation) receiving the cargo fortransport. All origin and destination local charges apply whether or not included in Universal’s Rules Tariff”.
23. Schedule B Acclaimers.
For Export shipments, the shipper is solely responsible for properly researching and identifying the Schedule B number associated with
their commodity and advising Universal Cargo Management of the same. In the event the shipper does not know the schedule B
number or needs assistance in researching the schedule B number, Universal Cargo Management, Inc. can help in researching andrecommending a particular schedule B number based on the cargo and commodity description, however the shipper shall ensure andconfirm the accuracy of such information, and shall indemnify, defend and hold Universal Cargo Management, Inc. harmless from any
and all claims asserted and all liabilities and/or losses suffered by the Shipper.
24. Confidential for use solely for Official purposes authorized by the secretary of commerce (13 U.S.C. 301(g)). Export shipments aresubject to inspection by U.S. Custom Service and/or Office of Export Enforcement.
25. The exporter authorizes the forwarder named above to act as forwarding agent for export control and customs purposes.
26. I certify that all statements made and all information contained herein are true and correct and that I have read and understand theinstructions for preparation of this document, set forth in the "Correct Way To Fill Out The Shipper's Export Declaration". I understandthat civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements herein, failing toprovide the requested information or for violation of U.S. laws on exportation (13 U.S.C. Sec. 305; 22 U.S.C. Sec. 401; 18 U.S.C. Sec.
1001; 50 U.S.C. App. 2410).
27. The Shipper or his Authorized Agent hereby authorized the above named Company, in his name and on his behalf, to prepare any
export documents, to sign and accept any documents relating to said shipment and forward this shipment in accordance with theconditions of carriage and the tariff of the carriers employed. The shipper guarantees payment of all collect charges in the event theconsignee refuses payment. Hereunder the sole responsibility of the Company is to use reasonable care in the selection of carriers,forwarders, agents and others to whom it may entrust the shipment. All cargo tendered for transport is subject to inspection.
28. Cancellation of Booking.
It is required that you put in a request to cancel a booking at least 48 hours (2 Business/Working Days) in advance. If a door pickup or
loading move is scheduled, the request to cancel a booking must be made at least 48 hours (2 Business/Working Days) prior to yourscheduled date and time. Additional charges may apply if cancellation request is not received by above guidelines or your cancellation
request is denied.

Approved by the National Customs Brokers and Forwarders Association of America, Inc. (Revised 03/14)******