HJ LEE COMPANY INC. DBA LEE COMPANY
TERMS AND CONDITIONS OF SERVICE
These terms and conditions of service constitute a legally binding contract between the “Company” and the “Customer”. In
the event the Company renders services and issues a document containing Terms and Conditions governing such services,
the Terms and Conditions set forth in such other document(s) shall govern those services.
- (a) “Company” shall mean HJ Lee Company Inc. DBA Lee Company its subsidiaries, related companies, agents and/or
- (b) “Customer” shall mean the person for which the Company is rendering service, as well as its agents and/or
representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen,
buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, freight forwarders,
etc. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of
service to all such agents or representatives;
- (c) “Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or
- (d) “Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight forwarder” and a “non-vessel operating
- (e) “Third parties shall include, but not be limited to, the following: “carriers, truckmen, cartmen, lightermen, forwarders,
OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation,
cartage, handling and/or delivery and/or storage or otherwise”.
2. Company As Agent.
The Company acts as the “agent” of the Customer for the purpose of performing duties in
connection with the entry and release of goods, post entry services, the securing of export licenses, the filing of export
and security documentation on behalf of the Customer and other dealings with Government Agencies: as to all other
services, Company acts as an independent contractor.
3. Limitation of Actions.
- (a) 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 thirty (30) days of the event giving rise to
claim; the failure to give the Company timely notice shall be a complete defense to any suite or action commenced by
- (b) All suits against Company must be filed and properly served on Company as follows:
- (i) For claims arising out of ocean transportation, within one (1) year from the date of the loss;
- (ii) For claims arising out of air transportation within two (2) years from the date of the loss;
- (iii) For claims arising out of the preparation and/or submission of an import entry (s), within fifteen (15) days from
the date of liquidation of the entry(s);
- (iv) For any and all other claims of any other type, within thirty (30) days from the date of the loss or damage.
4. No Liability For The Selection of Services of Third Parties and/or Routes.
Unless services are performed by
persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable
care in its selection of third parties, or in selecting the means, route, and procedure to be followed in the handling,
transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been
selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or
represents that such person or firm will render such services nor does Company assume responsibility or liability for any
action(s) and or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind,
which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in
connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any
such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs
incurred by the Company.
5. Quotations Not Binding.
Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges
given by the Company to the Customer are for informational purposes only and are subject to change without notice; no
quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or
transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are
agreed to between the Company and the Customer.
6. Reliance on Information Furnished.
- (a) Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with U.S.
Customs & Border Protection, other Government Agency(s) and/or third parties, and will immediately advise the
Company of any errors, discrepancies, incorrect statements, or omissions on any declaration filed on Customer’s
- (b) In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or
other required data to Government Agencies and/or third party, the Company relies on the correctness of all
documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall
use reasonable care to insure the correctness of all such information and shall indemnify and hold the Company
harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to
disclose information or any incorrect or false statement by the Customer or its agent, representative or contractor
upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative nondelegable duty to disclose any and all information required to import, export, or enter the goods.
7. Declaring Higher Value To Third Parties.
Third parties to whom the goods are entrusted may limit liability for loss or
damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer;
which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to
agree to a higher declared value, at Company’s discretion the goods may be tendered to the third party, subject to the
terms of the third party’s limitations of liability and/or terms and conditions of service.
Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to
procure insurance on Customer’s behalf; in all cases, Customer shall pay all premiums and costs in connection with
procuring requested insurance.
9. Disclaimers; Limitation of Liability.
- (a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its
- (b) In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to
the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make
payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the
- (c) In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following:
- (i) where the claim arises from activities other than those relating to customs business $50.00 per shipment or
- (ii) where the claim arises from activities relating to “Customs business,” $50.00 per entry or the amount of
brokerage fees paid to Company for the entry, whichever is less;
- (d) In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive
damages even if it has been put on notice of the possibility of such damages, or for the acts of third parties.
10. Advancing Money.
All charges must be paid by the 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.
11. Indemnification/Hold Harmless.
The Customer agrees to indemnify, defend, and hold the Company harmless from
any claims and/or liability, fines, penalties and/or attorney’s fees, arising from the importation or exportation of
Customer’s merchandise and/or any conduct of the Customer, including but not limited to the inaccuracy of entry, export
or security data supplied by Customer or its agent or representative, which violates any Federal, State and/or other laws,
and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs,
claims, penalties, fines and/or expenses, including but not limited to reasonable attorney’s fees, which the Company may
hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is
brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the
12. C.O.D. or Cash Collect Shipments.
Company shall use reasonable care regarding written instructions relating to
“Cash/Collect” on “Deliver (C.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, letter(s) of credit and other
similar payment documents and/or instructions regarding collection of monies but shall have no liability if the bank or
consignee refuses to pay for the shipment.
13. Costs of Collection.
In any dispute involving monies owed to Company, the Company shall be entitled to all costs of
collection, including reasonable attorney’s fees and interest at 15% per annum or the highest rate allowed by law,
whichever is less, unless a lower amount is agreed to by Company.
14. General Lien and Right to Sell Customer’s Property.
- (a) Company shall have a general and continuing lien on any and all property of Customer coming into Company’s
actual or constructive possession or control for monies owed to Company with regard to the shipment on which the
lien is claimed, a prior shipment(s) and/or both;
- (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 favor 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.
15. No Duty to Maintain Records For Customer.
Customer acknowledges that pursuant to Sections 508 and 509 of the
Tariff Act, as amended (19 USC § 1508 and 1509) it has the duty and is solely liable for maintaining all records required
under the Customs and/or other Laws and Regulations of the United States; unless otherwise agreed to in writing, the
Company shall only keep such records that it is required to maintain by Statute(s) and /or Regulation(s), but not act as a
“recordkeeper” or “recordkeeping agent” for Customer.
16. Obtaining Binding Ruling, Filing Protests, etc.
Unless requested by Customer in writing and agreed to by Company
in writing, Company shall be under no obligation to undertake any pre-or post U.S. Customs & Border Protection release
action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests,
17. Preparation and Issuance of Bills of Lading.
Where Company prepares and/or issues a bill of lading, Company shall
be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically
requested to do so in writing by Customer or its agent and Customer agrees to pay for same, Company shall rely upon
and use the cargo weight supplied by Customer.
18. No Modification or Amendment Unless Written.
These terms and conditions of service may only be modified, altered
or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same
shall be null and void.
19. Compensation of Company.
The compensation of the Company for its services shall be included with and is in
addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with
the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue
received by the Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon
request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of
each pertinent document relating to these charges. In any referral for collection or action against the Customer for
monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or
litigation, including a reasonable attorney’s fees.
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 invalidate any other provision herein.
21. Governing Law; Consent to Jurisdiction and Venue.
These terms and conditions of service and the relationship of
the parties shall be construed according to the laws of the State of California without giving consideration to principles of
conflict of law.
Customer and Company
Lee co Form Rev. 9/2010
Copyright by the National Customs Brokers & Forwarders Association of America, Inc. (Revised 07/09)
- (a) irrevocably consent to the jurisdiction of the United States District Court and the State courts of California;
- (b) agree that any action relating to the services performed by Company shall only be brought in said courts;
- (c) consent to the exercise of in personam jurisdiction by said courts over it, and
- (d) further agree that any action to enforce a judgment may be instituted in any jurisdiction.