Terms and Conditions

 

HERCO FREIGHT FORWARDERS, INC.

Terms and Conditions

Effective Date: January 1, 2012
These Terms and Conditions replace all previous versions and apply to all services provided by HERCO Freight Forwarders, Inc.

1. Scope of Services

  • Domestic & International Transport: HERCO offers air, ground, and ocean freight forwarding services for shipments within the U.S., Canada, Mexico, and globally.
  • Not a Transporter: HERCO arranges transport services but does not directly operate transport vehicles.
  • Licensing: HERCO is licensed as both a Non-Vessel Operating Common Carrier (NVOCC) and an ocean freight forwarder.

2. Definitions

  • Domestic & International Transport: HERCO offers air, ground, and ocean freight forwarding services for shipments within the U.S., Canada, Mexico, and globally.
  • Not a Transporter: HERCO arranges transport services but does not directly operate transport vehicles.
  • Licensing: HERCO is licensed as both a Non-Vessel Operating Common Carrier (NVOCC) and an ocean freight forwarder.

3. Contractual Agreement

  • Domestic & International Transport: HERCO offers air, ground, and ocean freight forwarding services for shipments within the U.S., Canada, Mexico, and globally.
  • Not a Transporter: HERCO arranges transport services but does not directly operate transport vehicles.
  • Licensing: HERCO is licensed as both a Non-Vessel Operating Common Carrier (NVOCC) and an ocean freight forwarder.

4. General Provisions

  • Liability: HERCO’s liability for loss or damage is limited as per the governing laws and these Terms.
  • Payment Terms: Charges for services are due upon receipt unless otherwise agreed. Past-due invoices may incur interest and late fees.
  • Confidentiality: All sensitive information shared with HERCO will be kept confidential, unless required by law or with prior written consent.

5. Advancement of Charges

  • A. HERCO may advance charges for cartage, customs, and duties at the request of the shipper, consignee, or third party, based on a prior written request.
  • B. Charges will not be advanced unless prepayment is required and the required amount is deposited in cash.

6. Application of Charges

  • A. Transportation charges are based on the greater of the actual weight or cubic dimensional weight.
  • B. Charges are calculated according to the service listed on the Waybill at the time of shipment.
  • C. Fractions of amounts will be rounded up.
  • D. Dimensional Weight Charges may apply depending on the size and weight of the shipment.
  • E. Rates are subject to change without notice.

7. Charges – Prepaid or Collect

  • A. Charges can be prepaid by the shipper, collected from the consignee, or billed to a third party. If the third party refuses payment, the shipper or consignee is liable.
  • B. Changes to billing terms after delivery require a written payment guarantee.
  • C. Certain shipments (e.g., to government agencies or exhibitions) must be prepaid.

8. Invoicing and Payment

  • A. Invoices are due upon receipt unless otherwise agreed. Standard credit terms are 30 days from invoice.
  • B. Invoices for advanced charges (duties, taxes, etc.) are due upon receipt.
  • C. Shippers, consignees, and customers are jointly responsible for all charges.
  • D. Past due payments incur 1.5% monthly interest and may result in legal fees for collection.
  • E. HERCO may require prepayment or guarantees before shipment.
  • F. Customs and port operators can charge up to five years after transport; past due charges will follow the same payment principles.

9. Oversized Shipments

  • A. Oversized pieces (e.g., longer than 120 inches or wider than 88 inches) are subject to special charges based on weight or volume.
  • B. Charges are calculated based on the higher of actual weight or volume.

10. Dangerous Goods/Hazardous Materials

    • A. Shippers must notify HERCO before shipping hazardous materials. HERCO may refuse shipments.
    • B. Shipments must comply with all relevant regulations (U.S., IATA, ICAO, IMDG).
    • C. A Shipper’s Declaration for Dangerous Goods is required.
    • D. Additional service charges apply for transporting hazardous materials.
    • E. Shippers must comply with all state and federal laws regarding hazardous materials.

11. TSA Regulations

    • A. Air shipments must comply with TSA and Homeland Security regulations. HERCO reserves the right to use alternative transport if regulations are not met.
    • B. Shipping documents must be retained for 30 days.

12. Inspection of Shipments

    • A. HERCO or authorities may inspect shipments at any time.
    • B. Air shipments may be inspected by TSA or authorized personnel. Consent is required for air transport.

13. Liabilities Not Assumed

  • A. HERCO is not liable for damage, delay, or loss unless caused by HERCO’s negligence.
  • B. Liability exclusions include incorrect declarations, improper packaging, weather conditions, acts of God, government actions, and certain types of data loss.
  • C. HERCO’s liability is limited to the refund of shipping charges in the event of delay.
14. Liability for Charges and Indemnification: Both shipper and consignee are jointly liable for all unpaid charges and indemnify HERCO for any costs incurred due to violations of terms.
15. Liens on Shipments: HERCO holds a lien on shipments for unpaid charges, and in case of non-payment, the shipment may be sold to cover the outstanding balance.

16. Limitations of Liability:

  1. Air and Ground Shipments: Liability is limited by the carrier’s terms.
  2. International Air Shipments: Liability is based on international conventions (e.g., Warsaw or Montreal Convention), with limited compensation unless extra insurance is purchased.
  3. Ocean Shipments: Governed by the “Carriage of Goods By Sea Act” and other relevant laws.
  4. Insurance: The shipper can request insurance with the proper premium payment, but liability is capped at the insured value or the actual loss, whichever is lower.
  5. Excess Declared Value: Any declared value exceeding the maximum allowed is void.
  6.  

17. Notice and Disposition of Property: HERCO will notify the consignee of unclaimed shipments, which will be disposed of after 30 days if no action is taken.

18. Packing and Marking Requirements: Shipments must be properly packed and labeled to ensure safe transport, especially for fragile or sensitive items like artwork.

19. Pickup and Delivery Service: Services are offered during business hours, with extra charges for weekend or holiday pickups. Delivery must be made to a location accessible to vehicles.

20. Pickup and Delivery Service: Services are offered during business hours, with extra charges for weekend or holiday pickups. Delivery must be made to a location accessible to vehicles.

21. Re-delivery Service: Shipments that cannot be delivered on the first attempt will incur re-delivery charges.

22. Routing and Re-routing: HERCO has complete discretion over the routing and methods of shipment unless otherwise instructed in writing.

23. Shipments Not Acceptable: Certain items (e.g., antiques, firearms, hazardous materials) are prohibited from transportation unless specifically authorized.

24. Shipments Subject to Advance Arrangements: Shipments exceeding certain values, weights, or containing hazardous materials require advance arrangements.

25. Shipments Subject to Delay: Shipments may be delayed for reasons such as size, improper packaging, lack of documentation, or legal restrictions. HERCO is not liable for damages due to delays.

26. Special Conditions for Shipments

  • Special Handling: Shipments requiring special devices for safe handling will only be accepted if the shipper or consignee provides and operates these devices at their own expense.
  • Restricted Items: Furs, dangerous goods, and high-value items must be shipped separately from other goods.

27. Signature Security Service

  • Available only for government shipments upon request, with a $50 charge.
  • A signed receipt will be required for both pickup and delivery.

28. Storage and Charges

  • Shipments are held free for 3 days (excluding weekends/holidays).
  • After 3 days, a storage fee of $1 per 100 pounds (min $50) per day will apply. If storage is unfeasible, items may be moved to a public warehouse at the shipper’s cost.
  • After 30 days, shipments may be returned to the shipper at their expense.

29. Waybill / Bill of Lading

  • Shipments are subject to Herco Freight Forwarders’ current Waybill or Bill of Lading.
  • Any non-authorized shipping documents are not considered valid contracts.

30. Applicable Law

  • Disputes are governed by Florida state law. Any legal actions must be filed in Florida courts.

31. International Shipments Requirements

  • Herco can act as your agent for export documentation. Incomplete or inaccurate documents may incur extra charges, and Herco assumes no liability for such errors.
  • Shipments may be subject to the Convention on International Carriage of Goods by Road (CMR) for road transport.

32. Customs Clearance and Export Control

  • You authorize Herco to act as your agent for customs clearance.
  • You are responsible for all charges, including customs duties, fines, and legal fees related to your shipment.
  • You must provide accurate documentation for customs and export control compliance.

33. Claims Process

  • Loss or Damage Claims: Must be filed in writing within 7 days for air shipments and 9 months for ground shipments.
  • Concealed Damage Claims: Must be reported within 72 hours and filed within 15 days.
  • Overcharge Claims: Must be filed within 90 days.

34. Liability Limitations

  • Herco is not liable for incidental, consequential, or special damages (including lost profits).
  • No claims can be offset against unpaid transportation charges.

35. Confidentiality

  • Both parties must keep any confidential information (e.g., technical specifications, business data) private for 12 months after service ends, except when required by law or if the information becomes public.
  • Customs and Legal Compliance: Ensure all required documents are provided, and comply with all applicable laws for shipping, import/export, and customs clearance.
  • Liability Limitations: Claims must be made promptly to avoid forfeiture of rights.
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