Terms And Condition

All shipments to or from the Customer, which term shall include the exporter, importer, sender, receiver, owner, consignor, consignee, transferor or transferee of the shipments, will be handled by the forwarder, Shine Shipping Inc., a California corporation (hereinafter called the “Shine Shipping”), on the following terms and conditions:

1. Agreement to Terms. By tendering Goods to Shine Shipping, Customer agrees to be bound by this Agreement. Each shipment hereunder shall be governed by the bill of lading issued in connection therewith; however, if there is a conflict between the provisions of this Agreement and the terms and conditions of any such bill of lading, then the provisions of the bill of lading will apply. A Customer’s Affiliate’s engagement of Shine Shipping for the provision of services shall be deemed acceptance of the terms and conditions hereof by said Affiliate.
2. Services by Third Parties. Unless Shine Shipping carries, stores or otherwise physically handles the shipment, and loss, damage, expense or delay occurs during such activity, Shine Shipping assumes no liability as a carrier and is not to be held responsible for any loss, damage, expense or delay to the Goods to be forwarded or imported except as provided in paragraph 8 and subject to the limitations of paragraph 9 below, but undertakes only to use reasonable care in the selection of carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others to whom it may entrust the Goods for transportation, cartage, handling and/or delivery and/or storage or otherwise. When Shine Shipping carries, stores or otherwise physically handles the shipment, it does so subject to the limitation of liability set forth in paragraph 8 below unless a separate bill of lading, air waybill or other contract of carriage is issued by Shine Shipping, in which event the terms thereof shall govern.
3. Liability Limitations of Third Parties. Shine Shipping is authorized to select and engage carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others, as required, to transport store, deal with and deliver the Goods, all of whom shall be considered as the agents of the Customer, and the Goods may be entrusted to such agencies subject to all conditions as to limitation of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in bills of lading, receipts or tariffs issued by such carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others. Shine Shipping shall under no circumstances be liable for any loss, damage, expense or delay to the Goods for any reason whatsoever when said Goods are in custody, possession or control of third parties selected by Shine Shipping to forward, enter and clear, transport or render other services with respect to such Goods.
4. Choosing Routes or Agents. Unless express instructions in writing are received from the Customer, Shine Shipping has complete freedom in choosing the means, route and procedure to be followed in the handling transportation and delivery of the Goods. Advice by Shine Shipping to the Customer that a particular person or firm has been selected to render services with respect to the Goods shall not be construed to mean that Shine Shipping warrants or represents that such person or firm will render such services.
5. Quotations Not Binding. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by Shine Shipping to the Customer are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon Shine Shipping unless Shine Shipping in writing specifically undertakes the handling or transportation of the shipment at a specific rate.
6. Duty to Furnish Information. (a) On an import at a reasonable time prior to entering of the Goods for U.S. Customs the Customer shall furnish to Shine Shipping invoices in proper form and other documents necessary or useful in the preparation of the U.S. Customs entry and, also, such further information as may be sufficient to establish, inter alia, the dutiable value, the classification, the country of origin, the genuineness of the merchandise and any mark or symbol associated with it, the Customer’s right to import and/or distribute the merchandise, and the merchandise’s admissibility, pursuant to U.S. law or regulation. If the Customer fails in a timely manner to furnish such information or documents, in whole or in part, as may be required to complete U.S. Customs entry or comply with U.S. laws or regulations, or if the information or documents furnished are inaccurate or incomplete, Shine Shipping shall be obligated only to use its best judgment in connection with the shipment and in no instance shall be charged with knowledge by the Customer of the true circumstances to which such inaccurate, incomplete, or omitted information or document pertains. Where a bond is required by U.S. Customs to be given for the production of any document of the performance of any act, the Customer shall be deemed bound by the terms of the bond notwithstanding the fact that the bond has been executed by Shine Shipping as principal, it being understood that Shine Shipping entered into such undertaking at the instance and on behalf of the Customer, and the Customer shall indemnify and hold Shine Shipping harmless for the consequences of any breach of the terms of the bond. (b) On an export at a reasonable time prior to the exportation of the shipment the Customer shall furnish to Shine Shipping the commercial invoice in proper form and number, a proper consular declaration, weights, measures, values and other information in the language of and as may be required by the laws and regulations of the U.S. and the country of destination of the Goods. (c) On an export or import Shine Shipping shall not in any way be responsible or liable for increased duty, penalty, find or expense unless caused by the negligence of the customer.
7. Declaring Higher Valuation. Inasmuch as truckers, carriers, warehousemen and others to whom the Goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said truckers, carriers, warehousemen and others to whom the Goods are entrusted, Shine Shipping must receive specific written instructions from the Customer to pay such higher charge based on valuation and the truckers, carriers, warehousemen and others to whom the Goods are entrusted must accept such higher declared value; otherwise the valuation placed by the Customer on the Goods shall be considered solely for export or customs purposes and the Goods will be delivered to the truckers, carriers, warehousemen and others to whom the Goods are entrusted subject to the limitation of liability set forth herein in paragraphs 8-9 below with respect to any claim against Shine Shipping and subject to the provisions of paragraph 3 above.
8. Insurance. Shine Shipping will make reasonable efforts to effect marine, fire, theft and other insurance upon the Goods only after specific written instructions have been received by Shine Shipping in sufficient time prior to shipment from point of origin, and the Customer at the same time states specifically the kind and amount of insurance to be placed. Shine Shipping does not undertake or warrant that such insurance can or will be placed. Unless the Customer has its own open marine policy and instructs Shine Shipping to effect insurance under such policy, insurance is to be effected with one or more insurance companies or other underwriters to be selected by Shine Shipping. Any insurance placed shall be governed by the certificate or policy issued and will only be effective when accepted by such insurance companies or underwriters. Should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and Shine Shipping shall not be under any responsibility of liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rates as that charged or paid to Shine Shipping by the Customer, or that the shipment was insured under a policy in the name of Shine Shipping Insurance premiums and the charge of Shine Shipping for arranging the same shall be at the Customer’s expense. If for any reason the Goods are held in warehouse, or elsewhere, the same will not be covered by any insurance unless Shine Shipping receives written instructions from the Customer. Unless specifically agreed in writing, Shine Shipping assumes no responsibility to effect insurance on any export or import shipment which it does not handle.
9. Limitation of Liability for Loss, etc. (a) With respect to International air shipments, Shine Shipping’s liability per shipment shall be limited in accordance with any applicable international carriage of Goods convention. In the event that no international convention is applicable, Shine Shipping’s liability per International air shipment shall be limited to $2 per KG. (b). With respect to maritime shipments, as to any portion of the carriage that is governed by the United States Carriage of Goods by Sea Act, Shine Shipping’s liability shall be limited to $500 per packing unit, or for Goods not shipped in packages, per customary freight unit. In all other cases involving maritime shipments, shine shipping’s liability per shipment shall be limited in accordance with any applicable convention, including the rules set forth in the Hague-Visby Rules as amended by the Brussels Protocol of 1968, or the amount set forth in the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (“Rotterdam Rules”), signed September 23, 2009 at such time as the Rotterdam Rules come into effect; in the event no convention is applicable, Shine Shipping’s liability shall be limited to $500 per container. (c) With respect to warehousing services, other than warehousing services incidental to carriage, Shine Shipping’s liability shall be limited to $.50 per pound not to exceed $1,000 per occurrence. (d). With respect to customs brokerage services, including any consulting services, Shine Shipping’s liability for any damages incurred shall be limited to the total amount of service fees paid by Customer to Shine Shipping for the specific services from which the liability arises up to $150 per entry. (e) with respect to Domestic USA full truckload shipments, in the event of any liability for loss of or damage to any such shipment, Shine Shipping’s liability per shipment shall be limited to the actual value of the Goods lost or damaged, not to exceed $100,000 per occurrence. With respect to less-than-truckload shipments, in the event of any liability for loss of or damage to any shipment, Shine Shipping’s liability shall be limited to $.50/lb of the Goods in question, $50 per shipment, or the invoice value of the Goods in question, whichever is less. Partial loss or damage shall be prorated on this basis. (f) With respect to all shipments of Goods, Customer has the option to purchase insurance or declare a higher value for such Goods by paying additional compensation to increase the limits of liability as indicated above. GOODS WILL NOT BE INSURED OR HIGHER VALUE WILL NOT BE DECLARED UNLESS REQUESTED BY CUSTOMER IN WRITING AND CONFIRMED BY CUSTOMER IN WRITING. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, SHINE SHIPPING SHALL NOT BE LIABLE FOR DELAY UNLESS THE PARTIES HAVE OTHERWISE AGREED IN WRITING. SHOULD THE INSURER OR UNDERWRITER DISPUTE COVERAGE OR LIABILITY FOR ANY REASON, CUSTOMER SHALL HAVE RECOURSE AGAINST THE INSURER OR UNDERWRITER ONLY, AND SHINE SHIPPING SHALL NOT BE UNDER ANY RESPONSIBILITY OR LIABILITY IN RELATION THERETO. (g). NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST REVENUE, LOST PROFITS AND LOST DATA), SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THE GOODS OR THE SERVICES RENDERED HEREUNDER EVEN IF NOTICE WAS GIVEN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. (h). In accordance with 49 U.S.C. Section 14101(b)(1), Customer and Shine Shipping expressly waive any and all rights and remedies that each may have under 49 U.S.C. §§ 13101 through 14914 that are contrary to specific provisions of this Agreement. (i). The provisions of this Section shall survive termination or expiration of this Agreement.
10. Presenting Claims. Shine Shipping shall not be liable under paragraph 8 for any claims not presented to it in writing within 90 days of either 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 Shine Shipping unless instituted within six (6) months after the presentation of the said claim or such longer period provided for under statue(s) of the State having jurisdiction of the matter.
11. Advancing Money. Shine Shipping 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 Shine Shipping by the Customer on demand. Shine Shipping shall be under no obligation to advance freight charges, customs duties or taxes on any shipment, nor shall any advance by Shine Shipping be construed as a waiver of the provisions hereof.
12. Indemnification for Freight and Duties. In the event that a carrier, other person or any governmental agency makes a claim or institutes legal action against Shine Shipping 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 Shine Shipping for any amount Shine Shipping may be required to pay such carrier, other person or governmental agency together with reasonable expenses, including attorney fees, incurred by Shine Shipping in connection with defending such claim or legal action and obtaining reimbursement from the Customer. The confiscation or detention of the Goods by any governmental authority shall not affect or diminish the liability of the Customer to Shine Shipping to pay all charges or other money due promptly on demand.
13. C.O.D. Shipments. Goods received with Customer’s or other person’s instructions 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 Shine Shipping 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 Shine Shipping 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 loss during transmission, or while in the course of collection.
14. General Lien on Any Property. Shine Shipping 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 Shine Shipping in connection with any shipments of the Customer and if such claim remains unsatisfied for thirty (30) days after demand for its payment is made, Shine Shipping may sell at public auction or private sale, upon ten (10) days written notice registered mail (R.R.R.), to the Customer, the Goods, wares and/or merchandise, or so much thereof as may be necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of the amount due to Shine Shipping. Any surplus from such sale shall be transmitted to the Customer, and the Customer shall be liable for any deficiency in the sale.
15. Compensation of Shine Shipping. The compensation of Shine Shipping for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by Shine Shipping to transport and deal with the Goods and such compensation shall be exclusive of any brokerage, commissions, dividends or other revenue received by Shine Shipping from carriers, insurers and the others in connection with the shipment. On ocean exports, upon request, Shine Shipping shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. Interest will be charged at the rate of ten percent (10%) per annum compounded annually, and will be added to any balance due over thirty (30) days. In any referral for collection or action against the Customer for monies due to Shine Shipping, upon recovery by Shine Shipping, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.
16. No Responsibility For Governmental Requirements. It is the responsibility of the Customer to know and comply with the marking requirements of the U.S. Customs Service, the regulations of the U.S. Food and Drug Administration, and all other requirements, including regulations of federal, state and/or local agencies pertaining to the merchandise. Shine Shipping shall not be responsible for action taken or fines or penalties assessed by any governmental agency against the shipment because of the failure of the Customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency.
17. Indemnity Against Liability Arising From The Importation of Merchandise. The Customer agrees to indemnify and hold Shine Shipping harmless from any claims and/or liability arising from the importation of merchandise which violates any federal, state and/or other laws or regulations and further agrees to indemnify and hold Shine Shipping harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to attorney’s fees, which Shine Shipping may hereafter incur, suffer or be required to pay by reason of claims by any government agency or private party. In the event that any action, suit or proceeding is brought against Shine Shipping by any government agency or any private party, Shine Shipping shall give notice in writing to the Customer by mail at its address on file with Shine Shipping. Upon receipt of such notice, the Customer at its own expense shall defend against such action and take all steps as may be necessary or proper to prevent the obtaining of a judgment and/or order against Shine Shipping.
18. Loss, Damage or Expense Due To Delay. Unless the services to be performed by Shine Shipping on behalf of the Customer are delayed by reason of the negligence or other fault of Shine Shipping, Shine Shipping shall not be responsible for any loss, damage or expense incurred by the Customer because of such delay. In the event Shine Shipping is at fault, as aforesaid, its liability is limited in accordance with the provisions of paragraphs 8-9 above.
19. Construction of Terms and Venue. The foregoing terms and conditions shall be construed according to the laws of the State of California. Unless otherwise consented to in writing by Shine Shipping, no legal proceeding against Shine Shipping may be instituted by the Customer, its assigns, or subrogee except in the Central District of California or Los Angeles County Superior Court.