Step Export Logistics is a company incorporated in United States of America (referred to as “the Company”) and is engaged in freight forwarding and related services to customers (hereinafter referred to as the “Services”). The services are provided under these terms and conditions and any modifications that may be made from time to time and all other terms, conditions, rules, or operations, or policies that may be made by the Company. In this agreement, the term “Customer” means the person to whom the Company is rendering services.
Your access and use of the service is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use the service.
By accessing the service, creating an account, and using the service, you agree to be bound by the terms of this contract.
Definitions
Customer: Exhibitor or other party requesting Services.
Goods: Exhibits, property, and commodities of any type for which the Company is requested to perform Services.
Carrier: Motor carrier, van line, air carrier, or air or surface freight forwarder.
Shipper: Party who tenders Goods to Carrier for transportation.
Cold Storage: Holding of Goods in a climate-controlled area.
Consignee: Party to whom goods are shipped.
Services: Warehousing, transportation, drayage, and/or related services.
Contraband: All contraband as outlined by delivery locations customs website, Items deemed to be unlawful, cash, jewelry, works of art, firearms and ammunition, explosive and flammable items.
Confidential Information: Confidential Information means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally, or by inspection of tangible objects, including without limitation documents, addresses, cardholder information, pricing which is designated as “Confidential,” “Proprietary” or some similar designation. Information communicated orally shall be considered Confidential Information if such information is confirmed in writing as being Confidential Information within a reasonable time after the initial disclosure. Confidential Information may also include information disclosed to a disclosing party by third parties.
These Terms and Conditions shall be binding upon Customers, the Company, and their respective Agents, representatives, Shipper and Consignee.
This agreement may be modified or amended by the Company at any time. In the event of any modification or amendment, an alert may be placed on the website of the Company. All modifications and amendments shall become effective as soon as published on the Company’s website.
The Customer may be required to provide the information needed by the Service Provider to provide the services required by the Customer.
The Customer is obligated to disclose to the Company and Carrier if Customer’s packages contain items that are considered Hazardous Materials or Dangerous Goods. A customer has the obligation to ensure that each package is properly and completely described, is properly marked, and addressed, and is packaged adequately to protect the contents during transportation.
Fraud Prevention Policy
a) Due to ever-increasing fraudulent activities, the Company may have to perform an extensive validation of orders. This may include verification of billing and cardholder information, verification of valid email, and cardholder authorization. Cardholder name and customer name must match or there must be evidence of relation to the cardholder, or permission granted by the cardholder in the form of a valid government-issued ID.
b) The Customer’s name upon sign up must tally with any names used in communication via electronic or physical mediums. The Customer name upon sign up must match government issued identification for delivery purposes.
c) Designated third parties authorised to accept/pick up packages on the Customer’s behalf must be given in writing and names provided must match official issued Identification. Acceptable forms of identification include: National ID, Valid Passport, Voter’s ID, and Driver’s License.
Right to Inspect
The Company reserves the right to inspect contents of packages for verification of contents, for reasons of safety and security, after delivery to our warehouse. Packages mailed to the Company warehouse or dropped off for shipment are deemed to be received as reported. The Company is not liable for discrepancies in contents of packages sent by third parties. The Customer’s shipment may also be subject to inspection by authorities/statutory bodies at the airport or port of origin or port of destination. If proof or purchase or any concerns are raised the Customer will be required to address them.
Shipment Charges & Responsibilities for Payment
The Customer is responsible for all charges including but not limited to all auxiliary charges, all duties and Customs assessed fees, governmental or statutory body penalties or fines, taxes, attorney’s fees, or costs relating to any shipment belonging to the Customer.
The Customer will be responsible for any additional and or forgotten charges on shipments, regardless of any previous quotes or payments made in relation to that specific shipment.
Advancing Money
All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.
General Lien and Right to Sell Customer’s Property.
a)
Company shall have a general and continuing lien on all property of Customer coming into Company’s actual or constructive possession or control for monies owed to Company regarding the shipment on which the lien is claimed, a prior shipment(s) and/or both. Company’s lien shall survive discharge and delivery of the goods.
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 favour 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 sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.
Customs Clearance
By entrusting the Company with your shipments, you hereby appoint the Company as your agents for the performance of customs clearance and certify the Company as the consignees for the shipments.
Certain circumstances may require additional documentation such as proof of purchase, among others. It is the Customer’s responsibility to provide proper documentation and confirmation where required.
Limitation of Liability
a) Under no circumstances will any party be liable for special, incidental, consequential, indirect, or punitive damages, including but not limited to loss of profits or income. The Company shall be liable, subject to the limitations contained herein, for loss or damage to goods only if such loss or damage is caused by the direct negligence or wilful misconduct of the Company. Claims presented for loss or damage arising out of incidents referenced herein will be denied.
b) Condition of Goods: The Company shall not be liable for damage, loss, or delay to uncrated freight, freight improperly packed, glass breakage or concealed damage.
c) The Company shall not be liable for ordinary wear and tear in handling of Goods or for damage to shrink wrapped Goods. All Goods shall be able to withstand handling by heavy equipment, including but not limited to forklifts, cranes, or dollies. It is the Customer’s responsibility to ensure that Goods are packaged correctly prior to shipment or movement on or off the Show floor.
d) The Company shall not be liable for Goods received without receipts, freight bills, or specified piece count on receipts or freight bills, or for bulk shipments. Such Goods shall be delivered to booth without the guarantee of piece count or condition.
e) The Company shall not be liable for any contraband goods belonging to the Customer that is impounded by government agencies.
f) Force Majeure: the Company shall not be liable for loss or damage that results from Acts of God, weather conditions, act or default of Customer, shipper, or the owner of the Goods, inherent nature of the Goods, public enemy, public authority, labour disputes, effects of a global pandemic, and acts of terrorism or war.
Measure of Damages
If found liable for any loss, the Company’s sole and exclusive maximum liability for loss or damage to Customer’s Goods is limited to $50. 00 (USD) per pound with a maximum liability of $100.00 (USD) per container, or $1,500.00 (USD) per shipment whichever is less.
Safety
The Company reserves the right for safety and security reasons to refuse entry into designated areas of our premises for legal/statutory/health/safety reasons. Verbal, physical, or psychological abuse of our staff or representatives will not be accepted and we reserve the right to seek legal redress and or civil compensation in the event such actions occur.
Insurance
The Company is not an insurance company and does not offer or provide insurance. It is the obligation of customer to ensure goods are always insured. Loss or theft of the goods in storage or in transit to and from the show and or while on the show floor is the sole responsibility of customer. The Company recommends that the customer makes arrangement for all risk coverage.
Delayed Shipments
The Company shall make every reasonable effort to deliver the Customer’s shipment according to the normal delivery schedules; however due to inconsistencies that may be beyond the Company’s control, this is not always guaranteed. The Company will not be liable for any delay that we deem to be beyond our control. Furthermore, the Company makes no guarantees of any financial settlement or refund for any delayed shipment.
Notice of Loss or Damage
In order to have a valid claim, notice of loss or damage to Goods must be given to the Company or its agent within 24 hours of occurrence in writing, containing facts sufficient to identify the goods, asserting liability for alleged loss or damage, and making claim for the payment of a specified or determinable amount of money. Such claim must be filed with the appropriate party within the time limits specified herein. Damage reports, incident reports, inspection reports, notations of shortage or damage on freight bills or other documents, do not constitute filing of a claim.
Confidentiality and Non-Disclosure
a) Each party shall not use the Confidential Information of the other party for any purpose except to evaluate and engage in discussions concerning a potential business relationship between the parties. Neither party shall disclose any Confidential Information of the other party to third parties.
b) Each party shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information of the other party. Without limiting the foregoing, each party shall take at least those measures that it takes to protect its own most highly confidential information and shall promptly notify the disclosing party of any misuse or misappropriation of Confidential Information of which it becomes aware.
c) Each party shall disclose Confidential Information only to those who are required to have the information to evaluate or engage in discussions concerning the contemplated business relationship, and such party shall remain responsible for compliance with the terms of this Agreement.
d) Each party agrees that any violation or threatened violation of this Agreement may cause irreparable injury to the other party, entitling the other party to seek injunctive relief in addition to all legal remedies.
Dispute Resolution & Limitation of Actions.
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 defence to any suit or action commenced by Customer.
i. Any dispute arising out of on in connection with services under these terms shall be resolved by Arbitration. A single arbitrator shall be appointed by the parties and where parties are unable to agree on an arbitrator, the International Arbitration Centre shall be approached to provide one.
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.
Governing Law
These terms and conditions shall be governed by the laws of the United States of America and relevant International Laws and norms.
