EFTA00316470.pdf

CUSTOMS POWER OF ATTORNEY And Acknowledgement of Terms and Conditions / Vz individual Tax I.D. Number 0 Partnership o Corporation State of Incorporation o Sole Proprietorship 0 Limited Liability Company KNOW A1.1. MEN RV THESE PRESENTS: That, 4 AVIVA S u ef4.2 xdoing business as a the laws of the State of s/ u S , residing or having a principal place ofbusiness at 4 Owe Ara MICA' Cflani 4> Gl I roott ° . hereby constitutes and appoints IBC Customs Brokerage, its officers, employees and/or specifically authorized 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 ofsaid 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 hill power and authority to do anything whatever requisite and necessary to be done in the premises as fully 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 ofattorney 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 lawflil 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 al K. 5 Terms and Conditions of Service governing all transactions between the Pasties. If the 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 raAr,/0, e914-4241 OWC- (CaPacitY) J Date 4 03 /J$ / 19 Witness: (if required) If you we the importer of record, payment to the broker will not relieve you of the liability for 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. EFTA00316470  TERMS AND CONDITIONS OF SERVICE These terms and condiams of service constime a kgally binding contest between the "Company" and the "Customer". lo the event the Correony renders services and hr.« a document containing Tams asd Conditions governing suet services. the Tana and Condition set lath in such othm docmnenth) shall govem tow services I. Definitions. th) tummy' shall mean IBC animas Brekcrage. Inc.. its subsidiaries. related companies. agents awl'« rePreSenutireS; (b) 'Customer shall mean the penes for which he Company n madonna sunset, as well as its agents ado( nvommatives. includmo. but not limited to. shippers, iimmen, toponers. cameos. lamed panics. warchnsemen. buyers and« sellers, strimer's agents. Murat and urdenstimm break.bulk ascots. consignees. de. It is the responsibility of the Customer to provide notice and copy(s) of thew reran mid condition of woke to all web agents or represemotivis; (c)"Dociamenumen" stall mean all information «mood dually or induct-0y from CusiOnict. at in pager or dcarceic font (d) "Ocean Transponatenlinerniodisries- COTI") shall include an "mean (ming forwarder and a "nomvesscl operating =nice% (e)"Third panics" shall include, but not be limited to, the following: "comma, trackroc«t mutant, lagMcrnien. foramina. Oils. CUSIOTS brokers, apart& wambiusenscat and alma to which the goods arc mowed for transparutim. canape, Fanning 'Woe &liveryand/or storage or othcnvisc'' 1. Company as agent. The Company acts as the ' em- of the Customer for the purpose of performing clams in connection web the any and release of goods, post elegy snags,, the securing of apon licenses. the filing of capon documentation on behalf of theCum:ere, and other dealings with Government AgenCiet: as to all ocke sonic«. Company nes as an indcpendce minuactor. 3. Limitation of Actions. (s) Unless loam to a specific statute or imanaticaal convention. all cLunts against the Company for a potential a actual bas. cwt be made v writing and received by dm Company, main may (90) days of the event giving fee to claim: the tailor to gist the Company firmly notice shall be a complete defense to any suit or action commenced by Customer. (b) All snits +Pail ComPelnY mod be filed and pronely saved on Company as follows: (i) Fa claims arising Ofeofmem irangonaticas. within one (I) year from the date of the IOW (ii) For claims *Min out of air uansponation. within two(?) mans from the date of the Ion; (is) For clams arinag out of the palmation aol'or sotniroica of an import amyl.). within satiny fist (75) drys from the due of liquidation of thc taints); (iv) For any and all mkt claims of any ohm ',pr. withn two (2) man from the dam of the loss a donate. 4. No Llabany For lie Selection or Services of Third Radar 'tenets. Calms services are performed by persons or fins engaged mrwant a camas warm instmaices from the Castorner. Cowpony shill use reasonable ere it. a selection of third parum, a in selecting the meals. mute sod procedure to be followed in the bandlin. umsponamet dormice and dekvcry of the shipment advice by the Company that a osakular person or fmn hat been selected to render Writm with respect to the goods, doll not be co stud to mean that the Company warrants or immscrits that such penal or firm will rend« such services not don Company assume responsibility a liability for any *Wants) and« inaction(s) of such third panics moth( its Opens. and dell not be liable for any *by or lass ofmy kind. which °cam whik a shipment is in the custody or control ofa third pony or the nem of 2 third pony: ell daps in connection with the Act of a third party dull be brwght solely against seek pony ands its agent,; m connection wish any such claim. the Company shall reasonably cooperate with the Cuflonicf. which shall be liable fot any chines or costs wad by the Company S. Quotations Not Binding. Quotations as to feet, rates of duty. freight charges, insurame premiums or oder charges given by the Company to the Oneonta are for informational purposes only and an subject to change without notice ao quotation shall be binding upon the Company mks, dm Company in wining netts to undertake the handling or transportation of the thement at a specific rate or amount set forth in the woution and payment arrangement are >good to between the Company and the Customer. 6. Reliance On laforenation Furnished. (a) Custonici acknowkdges duo it ii required to review all doeunamti and dcelaratioas prepared aadUr filed with the Custom Service. other Gommincat Agency ands third pates and will irrandiately adore the Company of any errors, discrepancies. incorrect statements. Of omission on aay deck Lion filed on Customers Wulf: (b) in preparing and wbraitting customs enema, export drebraticer& applications. docomentataan and« c span data 143 the Coked Stows andko a thud pony, the Company ides on to communes, of all documentation, whether in written a electronic format. and all mformation kmished by Customer. Customer shall use masonatle ewe to inure the COITeCtrif of all such information aid shall indemnify and hold the Company harmless from any and all claims assoncd and« liability or lams suffered by reason of the Casemna's failure to disclose information ce any incorrect er folic statement by the Quanta upon which the Company reasonably telrl The Canonici agrees dim the Customer has an allimanc oweklegabk duty to disclose any and all information renamed to capon, moon a enter the good& 7. Declaring Higher Value To Third Portia- Third panes to atom the goods are canard nmy limit liability ke loss or donor, the Commit). will request excess valuation covens. only open specific written wistrucuons from the Customer, which must antes to pay any charges thcrofcce. in the absence of written trillroakilis or the ;cresol co de third party to agree to a higher declared value. at Company's discretion, the pools maybe tendered to the Iliad pony. eulakm to ta nner s of Ike third party's Indianan of liability iffilliar lent an! conditions ass-nice. & 'atomism. Unless requested to do so in wining ant! confumcd to Cualo OS writing. Company is antler no obligation to procure iniosiarisc Cum:Awes behalf; in all caws, Customer shall pay all prernisms and costs in connection with procuring requested insurance. 9. Diselskaers; Limitation of Liability. (a) Except as specifically sec forth hymn. Company makes co express or implied wamesics in connection wiel its services: Oa/Saint to (e) below. Customer agrees that in connection with my and all senates performed by the Company. the Corniony shall only be liable for its negligent am, which are the direct and prosimam conic of any unsay to Customer. including loss a damage to Customer's gads, and the Company 'ball inno Meal be table for the acts of theft pangs: (0) la eonncaion with all %Ivaco, perfmneby the Company, CuSSOnscr may obtain additional liability coverage. tiptoe« actual or &clued ram oft« shipment ot wanSietak by rcqueging it ch covorage and agreeing to make payment therefore, ankh inmost must be confirmed in writing by the Company prima renaming service% for the coved unnuctionit), (d) In the abscrics of arklitional coverage under (b) above. the Company's liability shall be limited to the following: (0 where the claim antes from activities other than those relating to customs brokerage. SS0.00 per shipment or transaction oe (n) whom the claim arms from ninies err series mining le 'toucan bonnets.- 350.00 pus miry or the amount of brokerage fm to Company to. the cony, whichcva nless: (e) In no event shall Company be liable or sponsible foe consequostiat indirect. incidental. statutory or amino< damages even ifs has born gm on nonce of the possibility c4 such damages. Advaating Money. All chair' maul be paid Customer in advance mks. the Company agrees in writing to mimed credit ta custom.: the graining of ertdit to a Conine( in conneaion oath a pullout« transaction shall not be considered a waiver of this pcovnion by the Company. II. Indemnificarionnlold Ilanaltn. The Customer arms eo isdanaify. defcnd, and bold the Company harmless from any dams mint kibilky arising from des a of Customers machandise and« any conduct of the Calumet. when violates any Federal, State mdlor other Lsws. and «din ayrees to indemnify and hold the Conaway harmless aping say and all liatdity. bit domncf. cogs. claims aretfor expenses. including bit: not limited to reasonable morney's fees. which the Company may hereafter incur. suffer or be required to pay by mason of such clam in the event that any chain sun or proceeding is brought against th Company. it shall give nonce in writing to the Customer by nail al its address on fJ with the Company. IL C.O.D. or Cash/Collmt %Mona. Company shall Inc reasonable care regarding wino instructions relating to -Cash.Colicci Delivery (caps. shipmcnts, bad drafts. cashier's and'or certified checks. ktiens)ofcredit and other similar payment documents ard/or inunacticns reprding collection of mania be shall not hose liability if de bank or consignee refuses an pay for the shiginant IS. Costs of Collection. In my dims« involving monies owed to Conway. the Conmany shall be craned to a costs of collection, including seasonable attorney's km and mutest at IS% pet amain cc the highest rase allowed by late, is lett unless a lower astc<=9. is agreed to by Company 14. Control Lim and Right To Sell Castanet's Property. (a) Company shall have a general and continuing hen on any and all property of Customer corning into Company's actual or constructive possession or control for monies owed to Company with regard to the shipment tan which the lien is claimed. a prior thripmenoth) mid« both; (b) Company shall provide wrivien not« to (Antonia of in intent to exorcise such lira. the exact aintionl of monies due mid owing, as well as an ongoing molar or orlx-r charges: Common shall notifyall parries havingan interest io shipment(s)of Company% rights and'or the mortise asuch lien. (e) Unless. whims thing days of mooning nOtKe of len. Custornet posts cash or leiter accede at sight or. if the amount doe is is dispute. an acceptable bon! equal to I 10*.i of the value of themitt des, in favor of Company. guarantonag paymcnt of the monies wed, pia all nocage charges accrued or to kacated. Company doll lave thc right to sell oath thament(slat public or private sale or auction and my net pd remaining thcroafter shall be rchad<d to Customer. IS. No Duty To Slaintala Record% For Customer. futon« sec aanovoledgcs that purima to Scums SUS and SOP of the Tan ff Mt as amended. (19 USC 91503 and 1509) it haste duty and is solely liable for maintaining all records required undo the CuSlOgin other laws sad Regalatiocis of thc United States: unless otherwise agreed to in writing. the Company shag keep such records Bier dui it is requited io nutimain by Sututris) andor Regulatonis). tie, twit not act as a lecordimper" or -ecconliewins agent" foe Cutionia. 16. Obtaining Rulings. Filing Protests, Unless requested by COO:Clef of writing and aimed bo by Company in omen% Company stall be under no obligation to undertake any pre-or post Curio« release action, including but not limited to, obtaining binding rulings. Molina of liquidations. filing of petition(i)ord/or protests. we I?. Preparation and Imaanec of Bilks of Lading. Where Company peepatcs mad« 'macs a hill of ladingCompany shall be under na etantation to and 'wiry skean the random of proms. wines and«canons. cm.; unless smafically requested to do so in writing by Customer a its agent and Customer specs to pay for same. Compass. shall rely mon tte cargo weigh scppliodby Custom«. IS. No Modification or Amendment Unless Wilton. be These tom% and conditions of service may only k modified, Awful or intended in sailing signed by both Cumancr ad Cowpony. any sumo to unilaterally modify. alter or amend sante shall null and void. 19. Compensation of Company. The compensation of thc Company for all its services dull be included with and is as addition to the rases ad dunes of all metiers and all oda smocks edema by de Company to tampon and deal with the goods and such compensation shall be exclusive of any kooketage coma:anon% dividends.« oilier revenue received by the Company hem carters, insurers, and others in cenncetions with the shipment On man twat. upon tomcat the Convoy shall provide a detailed breakout of de COnsyOnefiti of all charges assessed and a we copy Meath pertinent document relating to these charges In any iv renal lot °affection or amen against the Customer for monis. doe the Company. won recovery by the Company, She CiMona shill pay the expenses of (affection and« litigation. including a reasonable attorney fee. 20 Sevorability. In the event any Paragraph(s) miter ponion(s) hereofis land to be invalid and« unenfomeablc, then in such gem the remainder knot shall tomtit in full face and arca 21. Governing Low; Costal to Jurisdiction and Venue. Thne tarns and condition of '<nice end mlatioaship of the parties shall kconstrued accading to the bus of the State of State without giving consideration to principals of conflict of law. Customer and Company (a)e-row:ably consent to dmminden= of the United States Diann Cawand the State carts *Mow York: (b) agree dot any action relating to the soman, performed byConvoy. shall only bc brought in said worts: (c)conscot to the <scream of in persommi junsliction by saidcoons ova it. and (d) further agree that any action to enforce a;dynast may be instituted in any jurisdiction. Copyrighted by the National CuStOnn Chokers and Forwarders AlfaXifiliCel of America (Revised 04M0) EFTA00316471  INDIVIDUAL OR PARTNERSHIP CERTIFICATION CITY COUNTY: $S: STATE: On this day of 20 personally appeared before me residing at personally known or sufficiently identified to me, who certifies that (is) (are) the individuals(s) who executed the foregoing instrument and acknowledge it to be free act and deed. (Notary Public) CORPORATE CERTIFICATION (To be made by an officer of other than the one who executes the power of attorney) , certify that I am the of organized under the laws of the State of that who signed this power of attorney on behalf of the donor, is the of the said corporation: and that said power of attorney was duly signed, and attested for and in behalfof said corporation by authority of its governing body as the same appears in a resolution of the Board of Directors passed at a regular meeting held on the day of 20 now in my possession or custody. I further certify that the resolution is in accordance with the articles of incorporation and bylaws of said corporation and was executed in accordance with the laws of the State or Country of Incorporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation, at the City of this day of 20 . SIGNATURE DATE EFTA00316472