By the rendering of items and personal effects, hereinafter “Goods”, for shipment via LONGARES GLOBAL OPERATIONS, INC, the SHIPPER/CUSTOMER agrees to the terms and conditions stated herein and the declaration of the SHIPPER/CUSTOMER made on this invoice which are incorporated herein by reference. No agent or employee of LONGARES GLOBAL OPERATIONS, INC. or the SHIPPER/CUSTOMER may alter these terms:
Unless any special services are agreed in writing, the service to be provided by LONGARES GLOBAL OPERATIONS, INC. is limited to the collection, transportation and delivery of Goods packaged by SHIPPER/CUSTOMER in individual boxes (Hereinafter referred to as “Shipments”). The SHIPPER/CUSTOMER acknowledges that Shipments will be consolidated with those of other SHIPPER/CUSTOMERs for transport.
LONGARES GLOBAL OPERATIONS, INC. is an FMC Licensed OTI/NVOCC Non-Vessel Licensed company authorized to conduct SERVICES.
Is an individual who authorizes LONGARES GLOBAL OPERATIONS, INC. to provide SERVICES by filling out this Invoice and paying the stated fees.
This Invoice is non-negotiable, and the SHIPPER/CUSTOMER acknowledges that it has been prepared by the SHIPPER/CUSTOMER or authorized on behalf of the SHIPPER/CUSTOMER. The SHIPPER/CUSTOMER warrants that it is the owner of the Goods transported hereunder, or it is the authorized agent of the owner of the Goods, and that it hereby accepts the terms and conditions of LONGARES GLOBAL OPERATIONS.
a. The Shipment must not contain any illegal, restricted, contraband, car spare parts (known as “Chop-chop”) or otherwise prohibited items by and in the countries of origin and destination of cargo. The Shipment must not contain water, petrol products and other liquid products that may damage consolidated Shipment/s Boxes of other SHIPPER/CUSTOMERs.
b. Prohibited items include: Firearms, ammunitions and explosives, including spare parts thereof, prohibited drugs including but not limited to marijuana, cocaine, barbiturates, heroin, etc. and prescription drugs (prescription attached); absinthe (alcohol) alcoholic beverages, automobiles, dismantled auto parts; biological; ceramic tableware; cultural artifacts and pottery; defense article or items with military or proliferation applications; dog and cat fur; drug paraphernalia, fish and wildlife, food products such as cheese, meat, fruits and vegetables, hazardous materials, game and hunting trophies, gold; Haitian animal hide drums, meats, livestock and poultry; merchandise from embargoed countries; pets, plants and seeds; soil; textile (roll). Used clothing of commercial quantity (Ukay-ukay in bales); articles that infringe intellectual property rights of their owners, pornographic materials, fluids and perishable food items. SHIPPER/CUSTOMER Initials ________
c. The Shipment must not contain any of the following: Goods of more than 24 pieces of each kind within a Shipment box and/or of commercial quantity or has value exceeding $500.
d. If it comes to the attention of LONGARES GLOBAL OPERATIONS, INC. that any Shipment box does not meet any of the above restrictions or conditions, LONGARES GLOBAL OPERATIONS, INC. may refuse to transport the pertinent box (or any Shipment of which it is a part) and, if carriage is in progress, LONGARES GLOBAL OPERATIONS, INC. may suspend Shipment.
e. LONGARES GLOBAL OPERATIONS, INC. may also suspend Shipment if it cannot fulfill delivery at the third attempt, if the receiver refuses to accept delivery, or if it is unable to effect delivery because of an incorrect address after having used all reasonable means to find the correct address.
f. LONGARES GLOBAL OPERATIONS, INC. is, at its discretion, entitled to suspend Shipment and return the Shipment to the SHIPPER/CUSTOMER.
g. SHIPPER/CUSTOMER will be responsible for the reasonable costs and expenses of LONGARES GLOBAL OPERATIONS, INC. (including storage) for such losses, taxes and customs, duties as LONGARES GLOBAL OPERATIONS, INC. may suffer because of non-compliance by the SHIPPER/CUSTOMER of the representations, terms and conditions contained herein. For claims made against LONGARES GLOBAL OPERATIONS, INC. because a Shipment does not comply with any of the restrictions, conditions or representations herein or because of any refusal or suspension of carriage or return of a Shipment, SHIPPER/CUSTOMER shall hold free and harmless and indemnify LONGARES GLOBAL OPERATIONS, INC. as set forth in 6d below. In the case of the return of a Shipment or any part thereof, the SHIPPER/CUSTOMER will also be responsible for paying all applicable charges calculated in accordance with the prevailing rates of LONGARES GLOBAL OPERATIONS, INC.
h. If the SHIPPER/CUSTOMER tenders to LONGARES GLOBAL OPERATIONS, INC. a Shipment which fails to comply with any of the warranties, restrictions or conditions herein, LONGARES GLOBAL OPERATIONS, INC. will not have any liability for loss that the SHIPPER/CUSTOMER may suffer in connection with the Carriage by LONGARES GLOBAL OPERATIONS, INC. of such Shipment (regardless of whether that failure to comply has caused or contributed to the loss and notwithstanding any negligence on the part of LONGARES GLOBAL OPERATIONS, INC. or its employees, contractors or representatives), and if LONGARES GLOBAL OPERATIONS, INC. does suspend carriage for a reason allowed by these Terms, the SHIPPER/CUSTOMER shall not be entitled to any refund on the carriage charges it has paid and LONGARES GLOBAL OPERATIONS, INC. may bring a claim in respect of such non-compliance.
i. If having suspended a Shipment in accordance with these provisions and LONGARES GLOBAL OPERATIONS, INC. is unable within a reasonable time to obtain the SHIPPER/CUSTOMER’s instruction on disposition of the Shipment or to identify the SHIPPER/CUSTOMER or any other person entitled to the Shipment ( if necessary opening the Shipment to determine where the Shipment belongs), LONGARES GLOBAL OPERATIONS, INC. shall be entitled to destroy or sell the Shipment and retain its absolute charges, cost or expenses (including interest) outstanding in respect of the Shipment or otherwise due from the SHIPPER/CUSTOMER concerned. Any balance shall be held to the SHIPPER/CUSTOMERS’ order.
j. LONGARES GLOBAL OPERATIONS, INC. reserves the right, but is not obliged, to scan by means of X-ray, any Shipment tendered to it for transportation at any time.
k. LONGARES GLOBAL OPERATIONS, INC. reserves the right to withhold delivery of Shipments due to payment issues such as, but not limited to, non-payment in full or in part, returned checks or declined credit cards.
a. SHIPPER/CUSTOMER agrees that the maximum limit of liability assumed and payable by LONGARES GLOBAL OPERATIONS, INC., their agents, employees, for any loss or consequential loss arising from a damaged, lost, delivered or undelivered Shipment is $200.00 per Shipment/s box.
b. SHIPPER/CUSTOMER fully understands and accepts that SHIPPER/CUSTOMER is fully responsible for packing and sealing of Shipment boxes. For all Goods, SHIPPER/CUSTOMER fully acknowledges that proper handling and packing was done and that LONGARES GLOBAL OPERATIONS, INC. is not responsible for any damage or breakage of Goods inside the Shipment/s Boxes.
c. If LONGARES GLOBAL OPERATIONS, INC. is unable to start or continue with carriage of the SHIPPER/CUSTOMER’s Shipment for a reason beyond its control, LONGARES GLOBAL OPERATIONS, INC. will not be in breach of its agreement with the SHIPPER/CUSTOMER but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage. Examples of events beyond LONGARES GLOBAL OPERATIONS, INC.’ control are acts of terrorism, strikes, acts of God, power failures, damage or destruction of any network facilities or server, disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities (including, without limitation, customs officials) and labor disputes of obligations affecting LONGARES GLOBAL OPERATIONS, INC. or some other party and delays due to Covid-19 and other Pandemic.
d. SHIPPER/CUSTOMER Indemnification: SHIPPER/CUSTOMER shall hold free and harmless, defend and indemnify LONGARES GLOBAL OPERATIONS, INC., its officers, agents and employees from any and all damages, liabilities, fines and penalties and other causes of action that may arise from non-compliance by SHIPPER/CUSTOMER of the representations, warranties, terms and conditions contained herein.
A Shipment may be carried via any intermediate stopping places that LONGARES GLOBAL OPERATIONS, INC. deems appropriate. LONGARES GLOBAL OPERATIONS, INC. may engage sub-contractors if and when necessary to perform services and contracts both on its own behalf and on behalf of its agents and sub-contractors, each of whom shall have the benefit of these Terms.
All claims against LONGARES GLOBAL OPERATIONS, INC. must be made in writing as soon as reasonably practicable and in any event within 14 days of receipt in the case of damage (including partial loss of a Shipment), within 21 days in the case of delay, and in the case of loss, within 60 days of the Shipment being consigned with LONGARES GLOBAL OPERATIONS, INC. for carriage.
It is the intention of LONGARES GLOBAL OPERATIONS, INC. that all the terms of the contract between it and the SHIPPER/CUSTOMER are contained in this document. If the SHIPPER/CUSTOMER wishes to rely on any variation to these terms, it must ensure that it is recorded in writing and signed by the SHIPPER/CUSTOMER and on behalf of LONGARES GLOBAL OPERATIONS, INC. before the shipment is accepted for carriage by LONGARES GLOBAL OPERATIONS, INC. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.
These terms shall be governed by the Customs laws of the United States of America and the state laws where the Shipment originated and this Shipment shall be subject to and governed by the Carriage of Goods by Sea Act of the United States of America; Section 4281 and 4288 of the Revised Statute of the United States, as amended, and all applicable statutes of the United States, and pursuant to Philippine Bureau of Customs Memorandum Circular No 79-90 and its subsequent amendments.
LONGARES GLOBAL OPERATIONS, INC shall have a lien on any Goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of the transportation hereunder and may refuse to surrender the possession of the Goods until such charges are paid. Any expenses incurred by LONGARES GLOBAL OPERATIONS, INC. on behalf of SHIPPER/CUSTOMER including but not limited to taxes, interest, penalties, fines, surcharges, duties, etc. arising from non-declaration or mis-declaration shall be reimbursed or refunded by the SHIPPER/CUSTOMER upon submission by LONGARES GLOBAL OPERATIONS, INC of proper proof or evidence of payment.
a. SHIPPER/CUSTOMER declares and warrants that SHIPPER/CUSTOMER is the owner of the Goods contained in this Shipment and takes full responsibility of ownership of them, and must provide proper identification and/or documentation at the time of shipment. SHIPPER/CUSTOMER is the one who personally packed and sealed items inside the Shipment’s box, and fully certifies that the actual contents of the boxes are the same as the Goods listed in the PACKING LIST. SHIPPER/CUSTOMER certifies all items inside the Shipment’s box are not illegal, restricted, contraband and prohibited such as, but not limited to, guns, ammunitions, grenades, night vision scope, gun parts, military equipment including weapon slings, holsters, any weapon parts and other electronic military gadgets. SHIPPER/CUSTOMER Initials _______
b. SHIPPER/CUSTOMER declares that should contraband, illegal and restricted items be found in the Shipment box, Dept. of Homeland Security will seize these contrabands in accordance with the U.S. Customs Laws. Violators will be fined and/or prosecuted accordingly. LONGARES GLOBAL OPERATIONS, INC. reserves the right to sue SHIPPER/CUSTOMER for any damages or loss to LONGARES GLOBAL OPERATIONS, INC. arising from prohibited items contained in a Shipment, as well as under the SHIPPER/CUSTOMER’s indemnity obligation in Section 6. The SHIPPER/CUSTOMER will be responsible for paying the total cost of inspection and damages that will be incurred in the course of examination and the cost of legal proceedings and delays. SHIPPER/CUSTOMER Initials _______
c. SHIPPER/CUSTOMER declares that he/she has carefully read, understood, and agreed to the above terms by signing the front of this invoice and by affixing his/her initials on the said provisions. SHIPPER/CUSTOMER Initials _______